Shaw v. Read
Supreme Court of Pennsylvania
Error to the Common Pleas of Clearfield county. This was an action of ejectment by Thompson Read against Joseph Shaw and Zaccheus Ogden, to recover a tract of land in Lawrence township, containing about eighteen acres. The material facts of this case were as follows:— The title to the land in dispute was originally vested in Thomas Stewartson, under whom both parties in this suit claimed.
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Error to the Common Pleas of Clearfield county. This was an action of ejectment by Thompson Read against Joseph Shaw and Zaccheus Ogden, to recover a tract of land in Lawrence township, containing about eighteen acres. The material facts of this case were as follows:— The title to the land in dispute was originally vested in Thomas Stewartson, under whom both parties in this suit claimed. Prior to 1845, Stewartson owned two adjoining tracts of land, Nos. 1904 and 1909, each containing over five hundred acres. They were surveyed in 1792, and called for a common boundary, a whitethorn. On the…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
We are of opinion, that the fifth point of the defendants should have been answered by the learned judge below, in the affirmative. Had Read’s claim, to the land in controversy been evidenced by deed, which it was not, as the defendants’ title was derived through and under the first deed on record, without notice that any other existed, when it was executed and recorded, his would have been postponed by theirs, unless they had been affected by actual notice before the deed to .Shaw, which was not pretended.
Time, this first deed was from…
2Cases cited3 opinions
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840
- Poth v. AnstattSupreme Court of Pennsylvania · 1842
- Ebner v. GoundieSupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- Epstein v. RatkoskySupreme Court of Pennsylvania · 1925