Legal Opinion

Buchanan v. Buchanan

Supreme Court of Pennsylvania

Decided November 12, 1863Published

Ejréob. to the Common Pleas of Indiana county This was an action of trespass vi et armis, brought by Mary Ann Buchanan against James A. Getty and James D. Buchanan, to recover damages for taking and carrying away certain live stock and farming utensils, which the plaintiff averred were her property.

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Ejréob. to the Common Pleas of Indiana county This was an action of trespass vi et armis, brought by Mary Ann Buchanan against James A. Getty and James D. Buchanan, to recover damages for taking and carrying away certain live stock and farming utensils, which the plaintiff averred were her property. The material facts of the case were as follows:— John Buchanan, Sr., died in 1847, having devised the bulk of his farm to his daughter Jane and granddaughter Mary Ann, who were living with him at the time of his death, to hold as tenants in common. He also bequeathed to Jane all his notes, bonds,…

1Opinion of the Court

The opinion of the court was delivered, November 12th 1863, by

Strong, J.

This was an action of trespass, “vi et armis,” brought against the defendants to recover damages for taking and carrying away certain personal property, consisting of live stock, farming utensils, &e., which the plaintiff alleged belonged to her. The defence set up was, that the property belonged to the estate of the plaintiff’s aunt, Jane Buchanan, upon which the defendants had administered after her death, and that they had taken it in the course of administration. The contest, therefore, on the trial was, whether the…

2Cases cited1 opinion

  1. Dimond v. M'DowellSupreme Court of Pennsylvania · 1838

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