Weeks v. Haas
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Northumberland county. Mary Weeks against Jacob Byerly and Jacob Haas. This was an action of ejectment for a tract of land. Henry Repley and his wife died seised of a tract of land, leaving issue, three children: John, Mary married to Jesse Weeks, and Elizabeth. They made a partition of the land into three parts. That which was allotted to Weeks and wife contained 71 acres; and for which this ejectment was brought.
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ERROR to the Common Pleas of Northumberland county. Mary Weeks against Jacob Byerly and Jacob Haas. This was an action of ejectment for a tract of land. Henry Repley and his wife died seised of a tract of land, leaving issue, three children: John, Mary married to Jesse Weeks, and Elizabeth. They made a partition of the land into three parts. That which was allotted to Weeks and wife contained 71 acres; and for which this ejectment was brought. The parties executed mutual releases to each other. That to Jesse Weeks, after reciting the regular chain of title down to Henry Repley and to Margaret…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Principles of partition by decree of the Orphans Court, in which a wife is an involuntary party, may perhaps be inapplicable to her partition by deed, in which she has power to contract on her own terms, or not at all. The deeds in such case being in pari materia and made at the same time, constitute but one assurance; and the statute which gives her power to convey, makes her a free agent as to every part of it. Yet, what is there in the deed to the plaintiff’s husband, to warrant the intendment of a gift of her land to him by means of it…
2Cases cited1 opinion
- Epley v. WitherowSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- Darlington's AppealSupreme Court of Pennsylvania · 1878
- Condit v. BigalowNew Jersey Court of Chancery · 1903
- Kinzer v. MitchellSupreme Court of Pennsylvania · 1848
- Cooksey v. BryanDistrict of Columbia Court of Appeals · 1894