Roe v. Humphreys
Supreme Court of Pennsylvania
Ejectment for lands in Delaware county, tried at the last May assizes at Chester before M’Kean C. J. and Yeates J. A verdict had passed for the plaintiff, but a point was reserved at the instance of the defendant’s counsel.
Read the full summary
Ejectment for lands in Delaware county, tried at the last May assizes at Chester before M’Kean C. J. and Yeates J. A verdict had passed for the plaintiff, but a point was reserved at the instance of the defendant’s counsel. The case was:— Edward Humphreys, being seized of the premises in question, by will dated September 20th 1774, devised the same “to his “sisters Elizabeth and Rebecca during their lives, remainder “to his nephew Jacob Humphreys (the defendant) during life, ‘ ‘ and the heirs of his body lawfully begotten, and in default “of such heirs to his nephew Clement Humphreys,” (one…
1Opinion of the Court
By the court.
This may possibly be a hard case, but we cannot help it. The words* “lands, tenements and heredi-‘1 taments ’ ’ mentioned in the act of 4 Ann. will surely comprehend the defendant’s interest in these lands before the life estates fell in, and such has been the uniform usage under it. The law was made to answer the purposes of a commercial people, and to secure the payment of just debts, and meant to comprehend all possible titles contingent, or otherwise, in lands, where there was a real intérest, but not such as that of an heir apparent. If a different construction prevailed,…
2Cited by11 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Drake v. BrownSupreme Court of Pennsylvania · 1871
- Wilhelm v. FolmerSupreme Court of Pennsylvania · 1847
6 more not listed; retrieve them via the Exa API.