McMasters v. Negley
Supreme Court of Pennsylvania
Appeal, No. 249, Oct. T., 1892, by defendant, William B. Negley, from judgment of C. P. No. 1, Allegheny Co., March T., 1891, No. 706, on verdict for plaintiff, David M. McMasters. Ejectment for a lot of ground in Pittsburgh. The facts appear by the opinion of the Supreme Court.
Read the full summary
Appeal, No. 249, Oct. T., 1892, by defendant, William B. Negley, from judgment of C. P. No. 1, Allegheny Co., March T., 1891, No. 706, on verdict for plaintiff, David M. McMasters. Ejectment for a lot of ground in Pittsburgh. The facts appear by the opinion of the Supreme Court. At the trial, before Stowe, P. J., defendant, under objection and exception by the plaintiff, made various offers of evidence, tending to show a surrender by plaintiff of the interest which he claimed in the land. All of these offers were overruled. [1-9] The court directed a verdict for plaintiff subject to the…
1Opinion of the Court
Opinion by
Mk. Chief Justice Paxson,
This was an action of ejectment in the court below, and the controlling question is, whether the plaintiff, appellee, is entitled to the possession of the real estate in question as tenant by the curtesy.
The facts necessary to an understanding of the case are substantially as follows : Daniel Negley died December 4th, 1867, leaving the appellant, his son by his first wife, and Sallie Ella, his daughter by his second wife, and leaving a last will and testament wherein he devised to his said daughter the premises in controversy, in the following words :
“I give…
2Cases cited3 opinions
- Guthrie's AppealSupreme Court of Pennsylvania · 1861
- Evans v. EvansSupreme Court of Pennsylvania · 1848
- Thornton's Executors v. KreppsSupreme Court of Pennsylvania · 1861
3Cited by1 opinion
- Carter v. CouchSupreme Court of Alabama · 1908