Cable v. Cable
Pennsylvania Court of Common Pleas, Alleghany County
No. 145 October Term 1891, Sup. Ct.; court below, No. 489 March Term 1890, C. P. No. 1. To the first Monday of February, 1890, Jacob Cable brought ejectment against Henry C. Cable and another, for a tract of about thirty-five acres in RosS township. Issue.
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No. 145 October Term 1891, Sup. Ct.; court below, No. 489 March Term 1890, C. P. No. 1. To the first Monday of February, 1890, Jacob Cable brought ejectment against Henry C. Cable and another, for a tract of about thirty-five acres in RosS township. Issue. At the trial, on March 2, 1891, the plaintiff proved title to a tract of land including the tract in dispute, from the Commonwealth to Henry Cable by patent dated December 6, 1828 ; will of Henry Cable dated August 16, 1834, duly admitted to probate, devising the tract in dispute to William Cable. The plaintiff then offered a deed * dated…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The instrument under which plaintiff claimed title was not merely testamentary, but a conveyance, in substance as it was in form. It is clearly distinguishable from the paper in Turner v. Scott, 51 Pa. 126, by the provision in the latter, “ this conveyance in no way to take effect till after death,” and the like limitation in the habendum. The deed in the present case was a formal conveyance in fee, “ excepting (in the habendum) that they, the said parties of the first part, reserve the right and use of said lot during their natural lives ; ” and the covenant of…
2Cases cited5 opinions
- Turner v. ScottSupreme Court of Pennsylvania · 1867
- Frederick's AppealSupreme Court of Pennsylvania · 1866
- McReynolds v. LongenbergerSupreme Court of Pennsylvania · 1868
- Eckman v. EckmanSupreme Court of Pennsylvania · 1871
- Waugh's Executors v. WaughSupreme Court of Pennsylvania · 1877
3Cited by14 opinions
- King v. York Trust Co.Supreme Court of Pennsylvania · 1923
- Hess v. JonesSupreme Court of Pennsylvania · 1939
- Long v. Tradesmens Natl. B. T. Co.Superior Court of Pennsylvania · 1932
- Maguire v. Preferred Realty Co.Supreme Court of Pennsylvania · 1917
- Knoll v. HartSupreme Court of Pennsylvania · 1932
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