WALLACE v. R. E. STONE CO.

No. 5585.

76 F.2d 269 (1935)

WALLACE et al. v. R. E. STONE CO.

Circuit Court of Appeals, Third Circuit.

March 5, 1935.


Attorney(s) appearing for the Case

E. C. Higbee, R. E. Umbel, and W. Brown Higbee, all of Uniontown, Pa., for appellants.

A. M. Simon, of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


THOMPSON, Circuit Judge.

This is an appeal from a judgment of the District Court for the Western District of Pennsylvania entered for the defendant upon the pleadings in an action in ejectment. By will dated September 18, 1888, John Wertenbach devised the land in dispute to his daughter, Catherine M. Wallace, who at that time was married, but childless. Her first child was born prior to May 7, 1889, the date of the testator's death. The controversy arises under the...

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