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PEMBERTON'S LESSEE v. HICKS

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3 U.S. 479 (1798)

3 Dall. 479

PEMBERTON'S LESSEE, v. HICKS.

Supreme Court of Pennsylvania.

December 1, 1798.

Attorney(s) appearing for the Case

The general question was, whether a tenant by the courtesy initiate, has an estate forfeitable upon his attainder for treason? And it was argued at two several terms, by E. Tilghman and Lewis, for the Lessor of the Plaintiff; and by Ingersoll and Dallas, for the defendant.

For the Lessor of the plaintiff, the subject was considered in three points of view: 1st. What the husband seized of real estate, gains by the marriage, before the birth of a child? 2d. What is the nature of the estate which he acquires after issue? And 3d. How, after issue, does a forfeiture upon attainder operate?

1st. By the marriage alone a husband does not gain a freehold in his own right, in the estate of his wife; though he is jointly seized with her...

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