Lineberger v. Newkirk

Citations

• 179 Pa. 117
• 36 A. 193
• 1897 Pa. LEXIS 611

Syllabus

<p>Life estate — Tenant by the curtesy — Merger—Title.</p> <p>Where a woman dies intestate seized of real estate, leaving to survive her, her husband and one child, to whom the husband subsequently makes a quitclaim deed of all his interest and title to the property, the life estate as tenant by the curtesy merges in the fee, and the child does not derive title from the father, but from the mother.</p> <p>Ejectment — Equitable and legal ejectment.</p> <p>Where an issue in an action of ejectment is upon the signature of the plaintiff to a deed to the defendant’s deceased wife and the condition of the plaintiff’s mind at the time of the signature, the action is a legal, and not an equitable, ejectment.</p> <p>A woman died intestate, leaving a husband and daughter to survive her Before her death she was in possession of land which she claimed under a deed from N. After her death N. brought ejectment against the husband and recovered the land. In this action the only question was as to the validity of N.’s signature and the condition of his mind when he made the deed. After this suit the husband quitclaimed all his estate to his daughter, who, by her guardian, brought an ejectment against N., when the same issues were raised as in the former ejectment. Meld, (1) that the daughter derived title from her mother and not from her father; (2) that the first ejectment was a legal, and not an equitable, ejectment; (8) that as the first ejectment was between her father and N., and as there was no privity of estate between her and her father, the record of the first ejectment was inadmissible, even if the first ejectment could be considered an equitable ejectment.</p>