Legal Opinion

Heft & Hix v. McGill

Supreme Court of Pennsylvania

Decided June 29, 1846PublishedCited by 12 opinions

Error to Common. Pleas of Lebanon county. June 22. This was an action of ejectment, for a .messuage and tract of land, situated in East Planover township, Lebanon county, containing about four acres, brought by Andrew McGill, Jeremiah McGill, Rebecca McGill, and Sophia McGill, the said Jeremiah, Rebecca, and Sophia, by their next friend Solomon Kline, defendants in error, who were plaintiffs below, against Jacob Heft and Conrad Hix, plaintiffs in error.

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Error to Common. Pleas of Lebanon county. June 22. This was an action of ejectment, for a .messuage and tract of land, situated in East Planover township, Lebanon county, containing about four acres, brought by Andrew McGill, Jeremiah McGill, Rebecca McGill, and Sophia McGill, the said Jeremiah, Rebecca, and Sophia, by their next friend Solomon Kline, defendants in error, who were plaintiffs below, against Jacob Heft and Conrad Hix, plaintiffs in error. Conrad Hix; who was the owner of the premises in dispute, entered into an agreement in writing in 1823, to sell and convey the same to James…

1Opinion of the CourtBurnside, J.

The contract between Hix and McGill had been so far executed before the death of McGill, that his infant children had an equitable title in the premises. It required a regular proceeding at law to divest them. The lot was vacant when McGill purchased. He had paid all the purchase money, except about fifty dollars, taken possession, and built a house and barn, and died seised.

Hix brought an ejectment against the widow, and obtained a conditional judgment. He threatened to turn the widow out, and she left the premises. The children of McGill were not parties to that ejectment. It was not…

2Cited by12 opinions

  1. Bertinelli v. GaloniSupreme Court of Pennsylvania · 1938
  2. Fassitt v. SeipSupreme Court of Pennsylvania · 1915
  3. Haines v. FitzgeraldSuperior Court of Pennsylvania · 1932
  4. Schulz EstateSupreme Court of Pennsylvania · 1953
  5. Di Paolo v. Laquin Lumber Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1910

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