Legal Opinion

Danner v. Shissler

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 1 opinion

Error to the Common Pleas of Lancaster county. This was an action of debt, brought by the Commonwealth of Pennsylvania, for the use of Lydia Shissler, against Michael Danner, Jacob L. Erb, and Jacob S. Shirk, on a recognisance entered in the Orphans’ Court of Lancaster county, conditioned for the payment of the sum of $5250 to the heirs of Grebill W. Danner, deceased; being the valuation of certain real estate of the said decedent, taken by Michael Danner under proceedings…

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Error to the Common Pleas of Lancaster county. This was an action of debt, brought by the Commonwealth of Pennsylvania, for the use of Lydia Shissler, against Michael Danner, Jacob L. Erb, and Jacob S. Shirk, on a recognisance entered in the Orphans’ Court of Lancaster county, conditioned for the payment of the sum of $5250 to the heirs of Grebill W. Danner, deceased; being the valuation of certain real estate of the said decedent, taken by Michael Danner under proceedings in partition. Adam Danner, the elder, died seised of a tract of 42 acres in West Earl township, leaving one child by his…

1Per curiam

Where one acquires an estate by devise or descent from his father, and dies seised of it, and his next of kin on his father’s side are uncles and aunts, our intestate law of 1833, §§ 7, 8, 9, makes no distinction between whole and half blood, among such uncles and aunts. It is enough for inheritance, that they are “of the blood of the ancestor of the intestate.” It is different where brothers and sisters inherit from each other; for then the whole bloods are preferred: §§ 4, 6.

This cause was decided agreeably to this expression of the law, and several previous cases demonstrate that it was…

2Cases cited2 opinions

  1. Baker v. ChalfantSupreme Court of Pennsylvania · 1840
  2. Maffit v. ClarkSupreme Court of Pennsylvania · 1843

3Cited by1 opinion

  1. Lynch v. LynchSupreme Court of Pennsylvania · 1890

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