Duncan v. Clark
Supreme Court of Pennsylvania
THIS is a writ of error to the judges of the court of common pteas of Franklin county, sued out by John Duncan and Samuel Hughes to bring up the record of an action of ejectment, brought against them in the court below by Polly Clark, Harriet Claik, Lavinia Clark and Juliana Clark, for the recovery of the possession of about seventy acres of land, lying in the townships of Washington and Guilford of said county.
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THIS is a writ of error to the judges of the court of common pteas of Franklin county, sued out by John Duncan and Samuel Hughes to bring up the record of an action of ejectment, brought against them in the court below by Polly Clark, Harriet Claik, Lavinia Clark and Juliana Clark, for the recovery of the possession of about seventy acres of land, lying in the townships of Washington and Guilford of said county. The plaintiffs below claimed as the heirs at law of their mother Margaret Clark, who in her lifetime became entitled to the land as part of the real estate of her father Nicholas…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first matter complained of as error is, that the court below withdrew from the jury the decision of the question of fact, whether the other heirs, beside Lane and wife, had executed the deed of conveyance that was drawn in favor of John Clark, the husband of Margaret, the mother of the plaintiffs below, conveying to him in fee that portion of the land allotted by the partition to his wife. The court on this point instructed the jury that the evidence, in regard to it, was not sufficient to prove that such deed had been executed and…
2Cases cited1 opinion
- Penn v. HamiltonSupreme Court of Pennsylvania · 1833
3Cited by7 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Pry's AppealSupreme Court of Pennsylvania · 1839
- Hope v. MarshallSupreme Court of Pennsylvania · 1881
- Corrigan's EstateSupreme Court of Pennsylvania · 1876
- Schwartz' EstateSupreme Court of Pennsylvania · 1850
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