Spaulding v. Ferguson
Supreme Court of Pennsylvania
Spaulding v. Ferguson, 158 Pa. 219 (Pa. 1893)
27 A. 945; 1893 Pa. LEXIS 1569
Dean, Green, McCollum, Mitchell, Pee, Sterrett, Thompson, Williams
Spaulding v. Ferguson
Opinion of the Court
Appellant has failed to furnish us with a copy of his “ assignment of errors.” We find however that the errors assigned on our record are a copy of his exceptions, filed to the learned trial judge’s conclusions of law, printed on pages 15 and 16 of the paper-book. This may, in the circumstances, be accepted as a copy of his “ assignment of errors.”
By agreement of parties, this cause was tried by the court below without the intervention of a jury. The findings of fact and "conclusions of law are fully set forth in the opinion of the learned president of the common pleas. An examination of the record has failed to disclose any error in his conclusions, and we affirm the judgment on his opinion.
Reference
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- Status
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- Syllabus
- Estoppel — Parol partition — Adverse possession — Statute of limitation— Fee simple. Testator devised three fourths of a tract of land to his son, with power of appointment by will to the son’s sons, or, upon failure of appointment by will, to the son’s sons, excluding daughters. No disposition was made of the remaining one fourth of the tract, and there was no residuary clause. The son took possession of the whole tract and devised it equally to all his children, including daughters. After his death his six children made a parol partition of the whole tract, and each child went into possession of his or her purpart, and held it openly, continuously and adversely for more than twenty-one years. Held, that the daughters, by the estoppel of the sons and by the statute of limitations, had acquired a good marketable title to the purparts allotted to them in the parol partition.