McCay v. Clayton
Supreme Court of Pennsylvania
ERROR. TO THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. No. 65 January Term 1888, Sup. Ct.; court below, No. 94 June Term 188T, C. P. On May 11, 1887, an action of ejectment was brought by Thomas J. Clayton, and Sarah J., his wife, in right of said wife, William McCay and George L. McCay, against John B. McCay, Jr., and Emma McCay, to recover the undivided three fifths of certain lands late of the estate of John B. McCay, deceased.
Read the full summary
ERROR. TO THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. No. 65 January Term 1888, Sup. Ct.; court below, No. 94 June Term 188T, C. P. On May 11, 1887, an action of ejectment was brought by Thomas J. Clayton, and Sarah J., his wife, in right of said wife, William McCay and George L. McCay, against John B. McCay, Jr., and Emma McCay, to recover the undivided three fifths of certain lands late of the estate of John B. McCay, deceased. At the trial on June 28, 1887, before Futhey, P. J., of the 15th district, holding special term : It was admitted that both parties claimed title from John B.…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
It was decided in Wilson v. Gaston, 92 Pa. 207, that the probate of a will by the register is a judicial decree which cannot be impeached collaterally in an action of ejectment brought in the right of the heir-at-law to recover real estate devised by said will. This case was followed by McCort’s Appeal, 98 Pa. 33; Cochran v. Young, 104 Pa. 333; Broe v. Boyle, 108 Pa. 76, and must be considered as having settled the proper construction of the act of 1856. It follows that the probate of a will is now as conclusive upon the title to real estate, as it had been under…
2Cases cited5 opinions
- Cochran v. YoungSupreme Court of Pennsylvania · 1883
- Smith v. BonsallSupreme Court of Pennsylvania · 1835
- Wilson v. GastonSupreme Court of Pennsylvania · 1880
- Broe v. BoyleSupreme Court of Pennsylvania · 1885
- McCort's AppealSupreme Court of Pennsylvania · 1881
3Cited by10 opinions
- Wall v. WallSupreme Court of Pennsylvania · 1889
- Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
- In Re Cloward's EstateUtah Supreme Court · 1938
- Stout v. YoungSupreme Court of Pennsylvania · 1907
- Gunning's EstateSupreme Court of Pennsylvania · 1912
5 more not listed; retrieve them via the Exa API.