Henderson v. Maclay

Decided October 4, 1886

Supreme Court of Pennsylvania · decided 1886-10-04

Bucher, P. J., trying the cases without a jury, in accordance with the act of April 22, 1874, found the following facts: In 1832 Joseph Henderson purchased by deed duly recorded, from William Brown, a tract of land in Mifflin county known as the John Brown survey. This was junior to an interfering survey known as the Samuel Maclay survey, which belonged to Henderson’s wife, Jane E. Henderson.

Cited by 1 later decisions — most recently February 1995

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1886-10-04

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Per Curiam :

¶1These two cases were argued together. The main facts are common to both. The cases were tried before the judge, without a jury, under the act of April 22, 1871.

¶2We are clearly of opinion that the learned judge gave a correct construction to the trust deed. Any other would be doing violence to the plain import of its language.

¶3Mrs. Jane E. Henderson paid for the é acres and 109 perches of land, and owned it. The possession of her husband after her death was as tenant by the curtesy only. The possession after-w ards taken and held by Maclay saved the trust under the statute.

¶4Judgment in each case affirmed.