Legal Opinion

Cook v. Trimble

Supreme Court of Pennsylvania

Decided September 15, 1839PublishedCited by 12 opinions

ERROR to the common pleas of Westmoreland county. Mary Trimble against John Cook and James Cook. This was an action of ejectment to compel the defendants to yield the plaintiff a support out of the land for which it was brought.

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ERROR to the common pleas of Westmoreland county. Mary Trimble against John Cook and James Cook. This was an action of ejectment to compel the defendants to yield the plaintiff a support out of the land for which it was brought. Archibald Trimble being the owner of the land made a conveyance of it to his son Alexander Trimble, by the following deed:— “ To all men to whom these presents shall come, Archibald Trimble of the township of Derry, county of Weslmoreland, and state of Pennsylvania, farmer, sendeth greeting: Know ye that the said Archibald Trimble,for and in considerationof 160…

1Per curiam

The judge was doubtless moved by the equity of the demand to strain a point in'support of it; and I regret that we are unable td sustain his judgment. He seems to have rested it mainly on the position, that the conveyance was substantively án agreement which passed an equitable estate; and had the legal estate remained in the grantor, it certainly might have given a ground to enforce the consideration by an action of ejectment. The legal title is always sufficient to maintain an action at law, which chancery never enjoins in favour of a delinquent equitable owner. But, in this instance, the…

2Cases cited1 opinion

  1. Bear v. WhislerSupreme Court of Pennsylvania · 1838

3Cited by12 opinions

  1. Stuart v. EastonSupreme Court of the United States · 1898
  2. First Methodist Episcopal Church v. Old Columbia Public Ground Co.Supreme Court of Pennsylvania · 1883
  3. Sapper v. MathersSupreme Court of Pennsylvania · 1926
  4. Heacock v. FlySupreme Court of Pennsylvania · 1850
  5. Lancaster School District v. Lancaster CountySupreme Court of Pennsylvania · 1928

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