Mellon v. Reed
Supreme Court of Pennsylvania
Error to the Court of Comraoii Pleas No. 2 of Allegheny county: October Term 1886, No. 208. Ejectment by Iolia M. Reed and Lavina B. Reed by their guardian, Michael DeWalt, against Thomas Mellon and W. L. Scott for one undivided third part of fifty acres of land in Elizabeth township, Allegheny county, being a part of a larger tract of which Lewellen Howell, Sr., died seized.
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Error to the Court of Comraoii Pleas No. 2 of Allegheny county: October Term 1886, No. 208. Ejectment by Iolia M. Reed and Lavina B. Reed by their guardian, Michael DeWalt, against Thomas Mellon and W. L. Scott for one undivided third part of fifty acres of land in Elizabeth township, Allegheny county, being a part of a larger tract of which Lewellen Howell, Sr., died seized. Defendants, filed a statement denying plaintiffs’ claim and alleging’possession of plaintiffs’ interest in the land under an overdue mortgage of plaintiffs. The following are the facts of the case as they appeared on the…
1Opinion of the CourtJustice Clark
It is conceded that the land in dispute is part of a larger tract, of which Lewellen Howell, Sr., in the year 1823, died sole seized; both parties claim title mediately or immediately from him. By his last will and testament he devised the land to the use of his wife, Mary, until James his youngest son should arrive at the age of twenty-one years, at which time he directed his executors to sell it and divide the proceeds, one third to be at interest for the use of his wife, and the remaining two thirds to be equally divided amongst his heirs, consisting of five sons and three daughters. The…
2Cases cited1 opinion
- Calhoun v. HaysSupreme Court of Pennsylvania · 1844
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