Barnet v. Dougherty
Supreme Court of Pennsylvania
Error to the Common Pleas of Bucks county. This was an ejectment by John A. Dougherty against Joseph Barnet, for a dwelling-house, and about half an acre of land, in Bensalem township, Bucks county.
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Error to the Common Pleas of Bucks county. This was an ejectment by John A. Dougherty against Joseph Barnet, for a dwelling-house, and about half an acre of land, in Bensalem township, Bucks county. In 1857, the premises in question {inter alia) were sold by the sheriff of Bucks county, under an execution against Joseph Barnet, the defendant, and conveyed to Charles 0. Richards, the purchaser, by deed dated the 5th May 1857. On the 20th June 1857, Charles C. Richards and wife conveyed the same premises to John A. Dougherty, the plaintiff, who brought this action to obtain possession. On the…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. — The defendant set up an equity against the plaintiff’s legal title. Admitting now all he offered to prove, his rights against Dougherty were precisely what they had been against Richards. But the offer, at most, only tended to show, by parol evidence, without writing, that Richards, while he held the title, was a trustee for Barnet. This was in direct conflict with the Act of Assembly of April 22d, 1856. The fourth section of that act enacts “that all declarations or creations of trusts or confidences of any lands, tenements, or…
2Cases cited1 opinion
- Jackman v. RinglandSupreme Court of Pennsylvania · 1842
3Cited by19 opinions
- Kalyvas v. KalyvasSupreme Court of Pennsylvania · 1952
- McCloskey v. McCloskeySupreme Court of Pennsylvania · 1903
- Jourdan v. AndrewsSupreme Court of Pennsylvania · 1917
- Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925
- Watkins and Miller v. WatkinsSuperior Court of Pennsylvania · 1931
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