Merritt v. Whitlock
Supreme Court of Pennsylvania
Appeal, No. 153, Jan. T., 1900, by defendant, from judgment of C. P. Lackawanna Co., Nov. T., 1898, No. 894, on verdict for plaintiff, in case of William E. Merritt v. Andrew J. Whitlock. Proceedings to obtain possession of real estate. From the record it appeared that on April 5, 1878, David S. Vail and wife conveyed to Nathan Whitlock and Sarah Whit-lock, his wife, a tract of land, a part of which is the subject of controversy in this case.
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Appeal, No. 153, Jan. T., 1900, by defendant, from judgment of C. P. Lackawanna Co., Nov. T., 1898, No. 894, on verdict for plaintiff, in case of William E. Merritt v. Andrew J. Whitlock. Proceedings to obtain possession of real estate. From the record it appeared that on April 5, 1878, David S. Vail and wife conveyed to Nathan Whitlock and Sarah Whit-lock, his wife, a tract of land, a part of which is the subject of controversy in this case. A part of the purchase money was paid by Mrs. Whitlock out of her own savings. The following clause was inserted in the deed: “ And it is hereby…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The objection to the constitutionality of the Act of May 24, 1878, P. L. 134, cannot be sustained. The title of the actis “a further supplement to an act entitled ‘ an act relating to executions ’ approved June 16, 1836, providing that one justice of the peace, alderman or magistrate shall act where two are now required.” The body of the act then proceeds to enact that “ so much of section one hundred and six of said act ” as requires application to two justices, etc., be amended so that said section 106 shall read as follows, etc., then giving the new section…
2Cases cited10 opinions
- Bramberry's EstateSupreme Court of Pennsylvania · 1893
- Stuckey v. Keefe's ExecutorsSupreme Court of Pennsylvania · 1856
- McCurdy & Stevenson v. CanningSupreme Court of Pennsylvania · 1870
- Commonwealth ex rel. v. TaylorSupreme Court of Pennsylvania · 1894
- Diver v. DiverSupreme Court of Pennsylvania · 1867
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3Cited by21 opinions
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- In Re Estate of Mary VandergriftSuperior Court of Pennsylvania · 1932
- Heatter v. LucasSupreme Court of Pennsylvania · 1951
- Runco Et Vir v. OstroskiSupreme Court of Pennsylvania · 1949
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