Devlin v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Allegheny eounty: Of October Term 1882, No. 121. Debt, by the Commonwealth of Pennsylvania for use of Mary B. Devlin against John F. Devlin and Joseph F. Devlin upon a recognizance given by the defendants. The following case stated was agreed upon by the parties and submitted to the Court.
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Error to the Court of Common Pleas No. 2 of Allegheny eounty: Of October Term 1882, No. 121. Debt, by the Commonwealth of Pennsylvania for use of Mary B. Devlin against John F. Devlin and Joseph F. Devlin upon a recognizance given by the defendants. The following case stated was agreed upon by the parties and submitted to the Court. “ Peter D. Devlin died intestate, in 1866, seised of certain real estate which was partitioned at No. 3, September Term, 1867, John F. Devlin, the eldest son of the decedent, taking the said real estate at the appraisement, and entering into recognizance for…
1Opinion of the CourtJustice Gordon
Notwithstanding the long absence of Mary B. Devlin, the plaintiff below, from the state of Pennsylvania, and although it may be, as alleged in the statement of the plaintiffs in error, that she had been unheard-of for a period of fifteen years prior to the date of the issuing of letters of administration on her estate, yet the fact turns out to be that at that time she was alive. It follows, that" those who undertook to act upon the presumption of her death must bear the consequences of the failure of that presumption. Let it be that the fact of so long an absence would, in many instances,…
2Cases cited2 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
3Cited by4 opinions
- Cunnius v. Reading School DistrictSupreme Court of Pennsylvania · 1903
- Maley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
- Millar EstateSupreme Court of Pennsylvania · 1947
- Cunnius v. Reading School DistrictSuperior Court of Pennsylvania · 1902