Barnhart v. Lockwood
Supreme Court of Pennsylvania
Appeal, No. 58, Oct. T., 1892, by plaintiffs, A. E. Barnhart et al., trading as Hocb Bros., from judgment of C. P. Butler Co., March T., 1891, No. 57, on verdict for defendants, M. L. Lockwood, Jas. S. Patterson, Chas. Young and Edwin Young. Ejectment for undivided half of tract of land. On the trial before McMichael, P. J., plaintiffs claimed title under the following lease, dated March 1, 1878, from Chas.
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Appeal, No. 58, Oct. T., 1892, by plaintiffs, A. E. Barnhart et al., trading as Hocb Bros., from judgment of C. P. Butler Co., March T., 1891, No. 57, on verdict for defendants, M. L. Lockwood, Jas. S. Patterson, Chas. Young and Edwin Young. Ejectment for undivided half of tract of land. On the trial before McMichael, P. J., plaintiffs claimed title under the following lease, dated March 1, 1878, from Chas. Young, one of the defendants, as party of the first part: “The said party of the first part, for and in consideration of one dollar, the receipt of which is hereby acknowledged, the…
1Opinion of the Court
Opinion by
Mr. Justice Stebbett,
The so-called oil lease, which is the basis of the plaintiff’s claim in this action of ejectment, was executed and delivered to them, March 1, 1878, by Charles Young, who at that time was not the owner of the land. It then belonged to his father, Adam Young, who prior thereto had made his will, wherein he devised said land, inter alia, to his two sons, Edwin and Charles, as tenants in common. By his death two months after the lease was executed and delivered, said will became operative, and said Edwin and Charles then first became owners of the land.
By the terms…
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