Legal Opinion

Rogers v. Smith

Supreme Court of Pennsylvania

Decided October 2, 1846PublishedCited by 9 opinions

Error to the District Court o"f Alleghany county. Sept.'25. This was an amicable action of covenant, in which Mahlon Rogers was -plaintiff, and Jonathan H. Smith defendant.. The facts under which the parties resorted to this action are the following. Thomas Robinson, of the city of -Pittsburgh, in his last will and testament, made, inter alia, the following devise : “ I give and bequeath to my daughter Jane, the house that I now occupy, in' Third street,” &c.

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Error to the District Court o"f Alleghany county. Sept.'25. This was an amicable action of covenant, in which Mahlon Rogers was -plaintiff, and Jonathan H. Smith defendant.. The facts under which the parties resorted to this action are the following. Thomas Robinson, of the city of -Pittsburgh, in his last will and testament, made, inter alia, the following devise : “ I give and bequeath to my daughter Jane, the house that I now occupy, in' Third street,” &c. After the death of the.devisor, the devisee, Jane''Robinson, being seised of the house’ and lot, under the will of her deceased father,…

1Opinion of the CourtRogers, J.

The case is stated for the purpose of testing the validity of the title of a certain lot, No. 301, in the city of Pittsburgh, sold and conveyed by a deed of bargain and sale, by Jonathan Hi Smith, Esq., and Jane, his wife, late Jane Robinson, to Mahlon Rogers. The title to the premises .was held by Jane Robinson, now Jane Smith, under and by virtue of a will from her father, Thomas Robinson, containing the following clause: “ I give and bequeath to my daughter Jane Robinson, the house that I now occupy in Third street,-with the furniture and carriage, to be at her disposal.” ' =i

Jane, in…

2Cases cited4 opinions

  1. Lancaster v. DolanSupreme Court of Pennsylvania · 1829
  2. Bennet v. BittleSupreme Court of Pennsylvania · 1834
  3. Mills v. DennisNew York Court of Chancery · 1818
  4. Bumberger v. ClippingerSupreme Court of Pennsylvania · 1843

3Cited by9 opinions

  1. Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
  2. Pilone v. BlandaNew Jersey Superior Court Appellate Division · 1988
  3. Holliday v. HivelySupreme Court of Pennsylvania · 1901
  4. Clevenger v. MuellerMissouri Court of Appeals · 1977
  5. Wolff v. HaferSupreme Court of Pennsylvania · 1912

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