Wall v. Wall
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY-COUNTY. No. 91 October Term 1888, Sup. Ct.; court below, No. 250 June Term 1887, C. P. No. 1. On April 23, 1887, an ejectment was brought by Isaac Wall against Uriah. Wall, to recover a tract of land containing 29 aeres and 135 perches, in Forward township. Issue.
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY-COUNTY. No. 91 October Term 1888, Sup. Ct.; court below, No. 250 June Term 1887, C. P. No. 1. On April 23, 1887, an ejectment was brought by Isaac Wall against Uriah. Wall, to recover a tract of land containing 29 aeres and 135 perches, in Forward township. Issue. At the trial on March 27, 1888, the facts material to this issue were shown to be as follows: A tract, of which the land in dispute was a part, was owned by Isaac Wall, Sr., who died on December 24, 1834, leaving to survive him two sons, John Wall and Maxwell Wall, and three…
1Opinion of the Court
OpinioN,
Me. Justice Williams :
The general rule on which the court below rested its ruling in this case is well settled. A decree of probate made by the register of wills is a judicial decree, and after the lapse of five years without appeal it is conclusive as to the real estate disposed of by it. This rule has been recognized and applied in many cases, among which are Holliday v. Ward, 19 Pa. 485; Cochran v. Young, 104 Pa. 333; McCay v. Clayton, 119 Pa. 133.
But the general proposition thus affirmed must be understood as qualified by the same considerations that qualify the conclusiveness of…
2Cases cited5 opinions
- Cochran v. YoungSupreme Court of Pennsylvania · 1883
- Holliday v. WardSupreme Court of Pennsylvania · 1852
- Bowlby v. ThunderSupreme Court of Pennsylvania · 1884
- McCay v. ClaytonSupreme Court of Pennsylvania · 1888
- Aurand v. WiltSupreme Court of Pennsylvania · 1848
3Cited by24 opinions
- Smith v. GallagherSupreme Court of Pennsylvania · 1962
- Culbertson's EstateSupreme Court of Pennsylvania · 1930
- Henderson v. DanielsMontana Supreme Court · 1922
- Frankel v. SatterfieldSuperior Court of Delaware · 1890
- Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
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