Court Case, ‘McAninch and Wife v. Laughlin’, Pennsylvania Supreme Court, 1850

 

 

Dublin Township, Huntingdon County, Pennsylvania.

 

 

 

Chronological summary of events up to May 1850:

 

 

bef. 1809

James McKee marries Mary (maiden name unknown) [date, place unknown]

bef. 1809

James and Mary McKee have two sons, James Mckee Jr. (the older son),

 

and Henry McKee (the younger son)

in 1809

James McKee (Sr.) dies in 1809 (his Will dated 28 Mar. 1809)

aft. 1809

Mary McKee (widow of James) continues to live on the McKee land

in 1815

Alexander McAninch marries widow Mary McKee [exact date, place unknown]

aft. 1815

Alexander and Mary (McKee) McAninch continued to live on the McKee land

bef. 1830

James McKee Jr. dies (still a minor, under 21) (eldest son of James and Mary);

 

Henry McKee inherits title to the McKee land (second son of James and Mary)

aft. 1835

Alexander and Mary (McKee) McAninch were married over 20 years, and that

 

Mary McAninch is still living [1842]; in fact [for over 20 years] “she remained

 

on the [McKee] land until it came into the hands of Laughlin” [ca. 1840-1841?]

bef. 1842

William P. Laughlin buys the McKee land “by a sheriff's deed” . . . “subject to

 

the said Mary McKee's claim” . . . “by right of her deceased husband” [‘dower’]

Apr. 1842

Alexander McAninch, Mary McAninch, and William P. Laughlin, agree to have

 

the land appraised, appoint Finley, Hudson, and Campbell to make valuation

ca. 1843

first year's rent of $30 was paid by him [Laughlin] to plaintiff [McAninch]

 

[did Alexander and Mary (McKee) McAninch move off of the McKee land?]

aft. 1843

Court of Common Pleas, Huntingdon County; presumably, Laughlin did not

 

continue the annual payments, so, McAninch (plaintiff) took the agreement

 

to court, but the original judgment was rendered for "defendant, Laughlin"

bef. 1850

McAninch appealed the case to the Pennsylvania Supreme Court, “for error”

May 1850

McAninch won the appeal, decided by the Supreme Court of Pennsylvania:

 

“Disposition: Judgment reversed and venire facias de novo awarded.” [‘new trial’]

 

Extracts from the Pennsylvania Supreme Court case record

 

 

 

[Alexander] McAninch and Wife v. [William] Laughlin.

[Note 1]

Supreme Court of Pennsylvania / 13 Pa. 371; 1850 Pa. Lexis 83 / May, 1850, Decided

 

Prior History. / Error to the Common Pleas of Huntingdon county.

[Note 2]

 

 

This was an action of Covenant by McAninch [3] and Mary his wife, late Mary McKee [4],

widow of James McKee, vs. Laughlin, on an article of agreement hereafter stated. . . . 

 

___________________________________________________________________________

McAninch Family History NL v.XV n.1 /  January 2007 / Copyright Frank McAninch / page 2007-03

 

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