Dougherty v. Welshans
Supreme Court of Pennsylvania
Appeal, No. 312, Jan. T., 1910, by defendants, from judgment of C. P. Lycoming Co., Sept. T., 1909, No. 2, on verdict for plaintiff in case of W. A. Dougherty v. William T. Welshans et al. Ejectment for 430 acres of land in Limestone township. Before Hart, P. J. At the trial it appeared that the lands had been warranted to one Jacob Sailor, and subsequently, on July 2, 1795, granted by the commonwealth by patent to one John Kantner.
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Appeal, No. 312, Jan. T., 1910, by defendants, from judgment of C. P. Lycoming Co., Sept. T., 1909, No. 2, on verdict for plaintiff in case of W. A. Dougherty v. William T. Welshans et al. Ejectment for 430 acres of land in Limestone township. Before Hart, P. J. At the trial it appeared that the lands had been warranted to one Jacob Sailor, and subsequently, on July 2, 1795, granted by the commonwealth by patent to one John Kantner. There was then a break in the chain of the record title until May 3, 1849, when Margaret Sharp, as administratrix of Anthony Sharp, deceased, conveyed the lands…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The question upon which this controversy depends is whether the deed of the administratrix of Anthony Sharp to Mathias Baier was admissible in evidence. No paper title was shown in Anthony Sharp who at the time of his death in 1847 was a resident of Schuylkill county, but his widow as surviving administratrix presented her petition first to the orphans’ court of that county and subsequently to the orphans’ court of Lycoming county asking leave to sell the real estate of decedent for payment of his debts. This petition recited the necessary jurisdictional facts and…
2Cases cited15 opinions
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
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