Hitner v. Ege
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Cumberland county. This was an amicable action in which George W. Hitner was plaintiff, and George Ege was defendant. Elizabeth Ege, the wife of George Ege, the defendant, was the heir in fee to a lot of ground in Carlisle, subject to the dower of her mother, Sarah Miller. On the 11th May, 1830, George Ege executed a mortgage to secure to B. & W. Craighead the payment of $2000 with interest from date.
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Error to tbe Common Pleas of Cumberland county. This was an amicable action in which George W. Hitner was plaintiff, and George Ege was defendant. Elizabeth Ege, the wife of George Ege, the defendant, was the heir in fee to a lot of ground in Carlisle, subject to the dower of her mother, Sarah Miller. On the 11th May, 1830, George Ege executed a mortgage to secure to B. & W. Craighead the payment of $2000 with interest from date. The mortgage was sued to April Term, 1836, and a judgment was obtained thereon, for which a lev. fac. was issued to January Term, 1851. A levy being made upon the…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
The husband cannot be tenant by the curtesy of the wife’s estate in reversion or remainder, unless thé particular estate be ended during coverture. The particular estate of Mrs. Miller was not ended during the lifetime of Mrs. Ege. The husband of Mrs. Ege was therefore not entitled to curtesy. The estate descended to the heirs unencumbered by any claim on the part of her husband or his creditors.
By the borough ordinance it is made .the duty of the “owner or occupier” to “pave the sidewalk, with brick, within three months” after the enactment.…
2Cited by8 opinions
- Meanor v. GoldsmithSupreme Court of Pennsylvania · 1907
- Brandmeier v. Pond Creek Coal Co.Supreme Court of Pennsylvania · 1907
- McGlensey's EstatePennsylvania Orphans' Court, Philadelphia County · 1926
- Buechley's EstatePennsylvania Orphans' Court, Schuylkill County · 1936
- Egan v. Innes, Pennsylvania Court of Common Pleas, Montgomery County1928
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