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proceedings and result, and refused an offer [by McAninch] to take the land off his hands |
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and [refused to] pay him [McAninch] the rent fixed by the referees – that he [Laughlin] has |
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continued in possession of the premises, and that Mary McAninch is still living [in 1842]. |
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Defendant's counsel offered in evidence the will of Jas. McKee, dated 28th March, 1809, |
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proven 25th April, 1809, . . . with proof that the property was sold at sheriff's sale, as the |
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property of Henry McKee -- that he [James McKee, Sr.] left two sons, one of them named |
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Henry, and that the title to the land vested in him . . . |
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Evidence was given . . . that on the day of sale of the personal property, in 1809, the widow |
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got such articles of personal property as she was allowed under the will, except a saddle; that |
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some other article was spoken of, and not agreed on, and that it might have been the saddle |
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that was not furnished her — nothing said about it at the second sale of personal property. |
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That the will was read in the presence of the widow. |
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. . . |
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1. The court erred in admitting the evidence offered by defendant . . . |
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2. The court erred in their charge to the jury . . . |
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Disposition: Judgment reversed and venire facias de novo awarded. [8] |
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Notes: |
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[1] |
“McAninch and Wife v. Laughlin”, Supreme Court of Pennsylvania; 13 Pa. 371; |
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1850 Pa. Lexis 83 / decided May 1850. Found on Lexis-Nexis by Richard Cochran, |
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Big Rapids, Michigan [www.lexisnexis.com (a subscription service), States Legal, |
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U.S. / Pennsylvania / Cases, PA Supreme Court Cases from 1791, MEGA / PENN] |
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[2] |
Original case in the Court of Common Pleas, Huntingdon County, circa 1842; |
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“Verdict was rendered for defendant, Laughlin.” McAninch appealed “for error” |
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[3] |
Alexander McAninch [b.ca.1795, Pennsylvania, per 1850 and 1860 Census records] |
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[4] |
Mary (maiden name unknown) (McKee) McAninch, his wife |
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[Mary, born ca. 1782, Ireland (1850 Census); Mary is not found in the 1860 census] |
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[5] |
married 1815 [Alexander McAninch, age about 20 years, and widow Mary McKee, |
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age about 33 years; presumably, they married in Huntingdon County, Pennsylvania] |
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[6] |
“She remained on the land” [with her husband, Alexander McAninch] . . . so, |
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the original (James Sr.) McKee land (now the property of Henry McKee) was sold |
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to Laughlin (“by a sheriff's deed”) while Mary was still living on the (McKee) land! |
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[7] |
Mary's claim to ‘one-third dower’ of said real estate, by right of her deceased husband |
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[8] |
“Disposition: Judgment reversed and venire facias de novo awarded.” |
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“Venire do novo” or “venire facias de novo” – a new trial . . . granted by the |
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appellate court for error occurring during the course of the [original] trial . . . |
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[legal terms] http://ftp.rootsweb.com/pub/usgenweb/nc/henderson/court/legal.txt |
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[it is not known whether there was a new trial, or if a summary judgment was entered; |
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with the final outcome already decided, there may not have been another trial anyway] |
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___________________________________________________________________________ |
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McAninch Family History NL v.XV n.1 / January 2007 / Copyright Frank McAninch / page 2007-05 |