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2 Sadler 336

Rape v. Smith

Supreme Court of Pennsylvania

Decided April 26, 1886

Supreme Court of Pennsylvania · decided 1886-04-26

The following are portions of the charge of the court below, •delivered by Pice, P. J.: In 1869 Jacob Bilheimer, who was the owner of this land, made his will. He died in June, 1869, and in October, 1869, letters testamentary issued to his executors.

Affirmed · Decided 1886-04-26

Per Curiam:

¶1If the plaintiff accepted the land under the devise, it is an end to this case. The evidence tending to prove he did was most ample to submit to the jury. He retained the possession thereof for more than seven years; claimed to own it; obtained credit on the strength of his ownership; had it assessed in his name, and paid the taxes thereon. He paid to the widow of the testator a portion of her claim for which he would not have been liable otherwise than as owner, and for the residue then due she obtained a judgment against him, which he paid.

¶2There appears to have been no substantial doubt that he claimed to own the land, until his creditors were about to seize it for the payment of his debts.

¶3Judgment affirmed.

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