Benedict v. Montgomery
Supreme Court of Pennsylvania
ERROR to the Special Court of Common Pleas of Mifflin county. Eliphalet L. Benedict against John Montgomery and others. This was an action of ejectment for a house and lot in Lewistown, in which both parties claimed under Anthony Young.
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ERROR to the Special Court of Common Pleas of Mifflin county. Eliphalet L. Benedict against John Montgomery and others. This was an action of ejectment for a house and lot in Lewistown, in which both parties claimed under Anthony Young. To maintain the issue on his part, the plaintiff gave in evidence the will of Anthony Young, dated 17th April 1819, which contains the following provisions:— Item 1st. I give and bequeath to my beloved wife Elizabeth Young the rise, rents and profits of all my estate, real, personal and mixed, during her natural life, except $ 10 each and every year to my two…
1Opinion of the Court
*240The opinion of the Court was delivered by
Kennedy, J.
A number of errors, no less than eleven, have been assigned in this case, many of which have nothing in them, and cannot be sustained, and therefore need not be discussed. Neither will it be necessary to notice the other errors in detail, as they relate to the instruction given by the court to the jury, in which the court told the jury that the cause turned entirely upon two questions of fact, which they were to solve; the first of which is, did Anthony Young purchase the property in contest with the money of his wife ? and the second, if he…
2Cases cited1 opinion
- Shepard v. ShepardNew York Court of Chancery · 1823
3Cited by8 opinions
- Castleman v. JeffriesSupreme Court of Alabama · 1877
- Stone v. CookSupreme Court of Missouri · 1904
- Penn v. HeiseyIllinois Supreme Court · 1857
- Tracy v. RobertsSupreme Judicial Court of Maine · 1896
- Coates v. GerlachSupreme Court of Pennsylvania · 1862
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