Legal Opinion

Lewis v. Robinson

Supreme Court of Pennsylvania

Decided September 15, 1840PublishedCited by 9 opinions

ERROR to the district court of Allegheny county. This was an action of ejectment by Samuel Lewis against William Robinson, Jun., and J. Forsyth, to recover the undivided moiety of a lot of ground in the town of Allegheny, according to the general plan thereof.

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ERROR to the district court of Allegheny county. This was an action of ejectment by Samuel Lewis against William Robinson, Jun., and J. Forsyth, to recover the undivided moiety of a lot of ground in the town of Allegheny, according to the general plan thereof. Both parties derived their respective claims to the lot from William Braden, who obtained a patent for it from the commonwealth dated the 2d of September 1790. Shortly after this date, most likely in the same year, Braden died seised of this and other lots of ground situate in and adjacent to the town of Allegheny, leaving three…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

Unless the evidence mentioned in the bills of exceptions tended to prove something that would either, in law or equity, have made the defendant, William Robinson, a trustee as to a moiety, or some other part of the lot at least, for the benefit of the plaintiff or his assignor, John Braden, there is no ground whatever upon which it could, with propriety, have been received. But there is no pretence for saying that it tended, in the slightest degree, to prove a trust created by the agreement of the parties. Its tendency, at most, was only to…

2Cited by9 opinions

  1. Page v. WebsterMichigan Supreme Court · 1860
  2. Allen v. AllenWisconsin Supreme Court · 1902
  3. Bender v. StewartIndiana Supreme Court · 1881
  4. McPheeters v. WrightIndiana Supreme Court · 1890
  5. Kirkpatrick v. MathiotSupreme Court of Pennsylvania · 1842

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