Marple v. Myers
Supreme Court of Pennsylvania
Error to the Common Pleas of Indiana. Oct. 16. This was an action of ejectment by David and William II. Marple, against Jacob Myers, for 416 acres of land. The plaintiffs gave evidence to the following effect: On the 30th August, 1792, their grandfather, William Hollman, obtained a patent for this land. By his will, proved 1st September, 1817, he devised all his estate, real and personal, to his three daughters, Mary, Sarah, and Elizabeth, share and share alike.
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Error to the Common Pleas of Indiana. Oct. 16. This was an action of ejectment by David and William II. Marple, against Jacob Myers, for 416 acres of land. The plaintiffs gave evidence to the following effect: On the 30th August, 1792, their grandfather, William Hollman, obtained a patent for this land. By his will, proved 1st September, 1817, he devised all his estate, real and personal, to his three daughters, Mary, Sarah, and Elizabeth, share and share alike. Of these daughters, Mary, the eldest, married Thomas Kirkner, somewhere about the beginning of the year 1820; Sarah, the second…
1Opinion of the Court
The opinion of this Court was delivered by
Bell, J.
The Court below instructed the jury that as to the purparts of the land in question, to which the plaintiffs derive title through their late mother and under the conveyance from Strause and wife, their right to recover is barred by the Statute of Limitations. This instruction was based on the idea that, so far as these interests are involved, the case is one of successive disabilities, and consequently, as no action to recover the possession was instituted within ten years from the respective deaths of Sarah Marple and Eliza Vandike, the…
2Cases cited3 opinions
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