H. C. Frick Coal Co. v. Laughead

• Citation: 203 Pa. 168,52 A. 172
• Parties: H. C. FRICK COAL CO. v. LAUGHEAD et al.
• Decision Date: 26 May 1902
• Court: Pennsylvania Supreme Court

52 A. 172
203 Pa. 168

H. C. FRICK COAL CO.
v.
LAUGHEAD et al.

Supreme Court of Pennsylvania.

May 26, 1902.

Appeal from court of common pleas, Fayette county.

Ejectment by the H. C. Frick Coal Company against Walter W. Laughead and another. Judgment for defendants. Plaintiff appeals. Affirmed.

The following is the opinion of the court below (Weand, J.):

"In 1812 the orphans' court of Fayette county, on petition of the administrator of

52 A. 173

the estate of Rev. David Smith, deceased, granted an order of sale for the payment of the decedent's debts, and for the support and education of his minor children. The sale took place December 16, 1812, and the land was struck off to Joshua Davis for $1,260.92, who paid part of the purchase money. The sale was confirmed by the court April 13, 1813; and Joshua Davis, the purchaser, at once entered into possession, and resided on the land until his death, on February 20, 1816, without having received a deed in his lifetime. He left surviving him a widow, Catharine, and two infant daughters, Kezia, then aged four years, and Sarah, then aged one year, both the issue of said Catharine by said Joshua. Letters of administration on the estate of said Joshua Davis were duly issued to the widow, Catharine Davis, and to Phineas Sturgis and David Davis, to whom on January 21, 1817, the administrator of Rev. David Smith, deceased, delivered his deed for the land previously sold to Joshua Davis, being part of the land now in dispute. The balance of purchase money due was paid out of the personal estate of said Joshua Davis. The grantees named in the deed are 'Catharine Davis, Phineas Sturgis, and David Davis, administrators of the estate of Joshua Davis, for the use of the heirs of the said Joshua Davis, dec'd.' The widow of Joshua Davis, with her two children, continued in possession of the land for many years. Kezia Davis died May 14, 1833, intestate, unmarried, and without issue. Her sister, Sarah Davis, on February 11, 1840, married Isaiah Custer, and on May 27, 1841, a child was born to them, named James Davis Custer. Sarah Davis Custer died June 2, 1841, intestate, leaving surviving her husband, Isaiah Custer, and her infant son, James Davis Custer. The child, James Davis Custer, died on or about August 18, 1841, intestate, leaving surviving his father, Isaiah Custer, and his grandmother, Catharine Davis. Isaiah Custer died November 15, 1890, and Catharine Davis died April 5, 1872.

"The plaintiffs claim title through Kezia and Sarah Davis, as the perquisitors of title; the defendants claim through Joshua Davis, as the perquisitor of title; and the solution of the question as to which title shall prevail resolves itself into the inquiry as to what title passed to Joshua Davis by the administrator's deed. If the deed vested the legal title in Joshua Davis or his estate, it is conceded that defendants' title is good; but if the daughters, Kezia and Sarah, were purchasers of the title, and did not take by descent from their father, then the plaintiff's title will prevail. Joshua Davis was the purchaser at the orphans' court sale, and was so returned. He paid part of the...