Kirk v. Clark
Supreme Court of Pennsylvania
Error to the Coni'- of Common Pleas of Mercer county: No. 125, to October and November Term 1868. This was an action of ejectment, by George Clark and Julia Graham against Peter Kirk and Jacob Sailor, brought to August Term 1866, for a tract of 44 acres of land. The land in question belonged to Fanny F. Clark, the wife of Aaron M. Clark.
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Error to the Coni'- of Common Pleas of Mercer county: No. 125, to October and November Term 1868. This was an action of ejectment, by George Clark and Julia Graham against Peter Kirk and Jacob Sailor, brought to August Term 1866, for a tract of 44 acres of land. The land in question belonged to Fanny F. Clark, the wife of Aaron M. Clark. She died in August 1855 seised of the land; her husband died about 1860. The plaintiffs were a son and grand-daughter, — through a daughter, — of Mrs. Clark and were her only descendants. The plaintiffs having proved these facts, the possession of the…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1869, by
Agnew, J.
This case is governed by the decision in Glidden v. Strupler, 2 P. F. Smith 400, which seems to have been overlooked by the plaintiff in error. The principle in Rumfelt v. Clemens, 10 Wright 455, was there examined very fully, and the doctrine of that case reaffirmed.
Judgment affirmed.
2Cited by2 opinions
- Alexander v. ShalalaSupreme Court of Pennsylvania · 1910
- Meade v. ClarkeSupreme Court of Pennsylvania · 1893