Buchanan v. Duncan
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Blair county. This was an action of ejectment brought in the Common Pleas to July Term 1854, by George Buchanan, against Daniel Duncan and Samuel Duncan, for the undivided half of a tract of land in Tyrone township, Blair county, in which the following case was stated for the opinion of the court, in the nature of a special verdict:— The premises described in the writ of ejectment, was the mansion tract of Samuel Kyle, late of Sinking Valley,…
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Error to tbe Common Pleas of Blair county. This was an action of ejectment brought in the Common Pleas to July Term 1854, by George Buchanan, against Daniel Duncan and Samuel Duncan, for the undivided half of a tract of land in Tyrone township, Blair county, in which the following case was stated for the opinion of the court, in the nature of a special verdict:— The premises described in the writ of ejectment, was the mansion tract of Samuel Kyle, late of Sinking Valley, Blair county, deceased, and was the only tract of cultivated land owned by him in Sinking Valley, and is the land…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
In this state a surviving husband is entitled to curtesy of land of his deceased wife of which he had only a potential seisin during her life. Actual possession by the wife or by the husband in her right is not necessary. If she had possession by a tenant for years, or if she had a right to present possession, it is sufficient. The effect is equivalent to that of actual'seisin: Stoolfoos v. Jenkins, 8 S. & R. 175; Chew v. Southwark, 5 Rawle 160. If, therefore, the wife of the plaintiff was, during her lifetime, either actually or potentially…
2Cases cited1 opinion
- Chew v. Commissioners of SouthwarkSupreme Court of Pennsylvania · 1835
3Cited by4 opinions
- Brotzman v. RiehlSupreme Court of Pennsylvania · 1888
- Sanders's EstateSuperior Court of Pennsylvania · 1909
- Brandmeier v. Pond Creek Coal Co.Supreme Court of Pennsylvania · 1907
- Hunsicker's EstateSuperior Court of Pennsylvania · 1915