McKee v. McKee
Supreme Court of Pennsylvania
Error to the Common Pleas of JErie county, by John McKee et al., who were defendants below. In this case, Mary Ann McKee and Harriet McKee, by their guardians, brought ejectment against John McKee and Matilda McKee, for two-sixteenths of one hundred acres of land. Both parties claimed through John McKee, who died intestate in 1814, seized of the land in question, leaving fonr children, Polly, John, Alexander, and Thomas, and a widow.
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Error to the Common Pleas of JErie county, by John McKee et al., who were defendants below. In this case, Mary Ann McKee and Harriet McKee, by their guardians, brought ejectment against John McKee and Matilda McKee, for two-sixteenths of one hundred acres of land. Both parties claimed through John McKee, who died intestate in 1814, seized of the land in question, leaving fonr children, Polly, John, Alexander, and Thomas, and a widow. Alexander died in 1843, and the plaintiffs are two of his children, and claim as his heirs: defendants being the son of John McKee, deceased, and the widow of…
1Opinion of the Court
The opinion of the court was delivered, by
Bell, J.
— The record offered by the defendants below, exhibits a succession of radical mistakes from beginning to end. It is a little singular, that in spite of the unambiguous provisions of our statutes, relating to the contracts of decedents, court and counsel should have fallen into the error of confounding two distinct remedies, involving a confusion of jurisdiction, and a jumble of decrees, destructive of the whole proceeding.
The acts of 1792 and 1818 provide a method for taking proof in the courts of Common Pleas, of the unexecuted real…
2Cases cited1 opinion
- Ragan's EstateSupreme Court of Pennsylvania · 1838
3Cited by6 opinions
- Galli's EstateSupreme Court of Pennsylvania · 1941
- Vichosky v. BoucherSuperior Court of Pennsylvania · 1948
- Perrine v. KohrSuperior Court of Pennsylvania · 1902
- Frantz EstatePennsylvania Orphans' Court, Blair County · 1963
- Nearhoof EstatePennsylvania Orphans' Court, Mifflin County · 1956
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