Legal Opinion

Hunter v. Hunter

Supreme Court of Pennsylvania

Decided January 3, 1911No. Appeal, No. 85PublishedCited by 4 opinions

Appeal, No. 85, Oct. T., 1910, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1904, No. 270, on verdict for plaintiff in case of Mary A. Hunter v. William A. Hunter. Ejectment for land in Mt. Pleasant township. Before Doty, P. J. At the trial it appeared that John Galloway died on October 27, 1883, seized of the land in question, and leaving a will by which he devised it to his two nephews James Hunter and William Hunter.

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Appeal, No. 85, Oct. T., 1910, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1904, No. 270, on verdict for plaintiff in case of Mary A. Hunter v. William A. Hunter. Ejectment for land in Mt. Pleasant township. Before Doty, P. J. At the trial it appeared that John Galloway died on October 27, 1883, seized of the land in question, and leaving a will by which he devised it to his two nephews James Hunter and William Hunter. James Hunter died in 1902, leaving a will by which he devised his share of the land to his widow, Mary A. Hunter, the plaintiff. The controversy arose out…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The common source of title to the land which is the subject of this ejectment was in John Galloway, who died in 1883, seized of a farm in Mount Pleasant township, Westmoreland county, containing about 306 acres. It was divided by a public road running through it from north to south, and the present controversy grows out of the following testamentary disposition of it made by Galloway in his will, executed May 23, 1879: “I will and bequeath unto my nephew, James Hunter, all that portion of my farm, lying West of the road running through my farm from South to North…

2Cases cited8 opinions

  1. Chandler v. WoelpperSupreme Court of Pennsylvania · 1889
  2. Wusthoff v. DracourtSupreme Court of Pennsylvania · 1834
  3. Willard's EstateSupreme Court of Pennsylvania · 1871
  4. Hancock's AppealSupreme Court of Pennsylvania · 1886
  5. Best v. HammondSupreme Court of Pennsylvania · 1867

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Logan v. WileySupreme Court of Pennsylvania · 1947
  2. Mizener's EstateSupreme Court of Pennsylvania · 1918
  3. Keech v. Delaware County Trust Co.Supreme Court of Pennsylvania · 1929
  4. Fredericks v. CarsonSuperior Court of Pennsylvania · 1931

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