Graham v. Long
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Perry county: No. 60, to May Term 1870. This was an action of ejectment, by William J. Graham and Margaret his wife, in her right, against Jane Long, for the undivided one-third of a tract of land.
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Error to the Court of Common Pleas of Perry county: No. 60, to May Term 1870. This was an action of ejectment, by William J. Graham and Margaret his wife, in her right, against Jane Long, for the undivided one-third of a tract of land. The whole tract was, on the 30th of March 1859, conveyed by Samuel Lupfer, for the consideration of $1800 to Mary Long, Jane Long and Margaret Long; Mary Long was the mother of Jane and Margaret — Margaret was married about March 1862 to William J. Graham. Mary Long died about May 1868, leaving these two daughters to survive her. The plaintiffs proved the…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Sharswood, J.
Nearly five centuries ago it was recognised to be a settled maxim of the law that no feme covert could be barred of her frank-tenement or inheritance by her confession merely, without an examination in due course of law : Mary Partington’s Case, 10 Rep. 42 1, citing the Year Book 44 Edw. 3, 28 a. This sure and uncontrollable ground'of judgment has never been questioned since at law or in equity. The cases which have been decided in this court without an exception most abundantly sustain it. It has frequently been attempted…
2Cases cited2 opinions
- Dorrance v. ScottSupreme Court of Pennsylvania · 1838
- Lessee of Watson v. BaileySupreme Court of Pennsylvania · 1808
3Cited by3 opinions
- Hood v. NicholCourt of Appeals of Kentucky (pre-1976) · 1930
- Spencer v. ReeseSupreme Court of Pennsylvania · 1895
- Rhoads v. Margoshes, Pennsylvania Court of Common Pleas, Lancaster County1927