Fellbush v. Egen
Supreme Court of Pennsylvania
Appeal, No. 14, Jan. T., 1908, by plaintiff, from judgment of O. P. Luzerne Co., Feb. T., 1907, No. 29, for defendant on case stated in suit of Justus Fell-bush v. William F. Egen. Case stated to determine the marketable title to real estate.
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Appeal, No. 14, Jan. T., 1908, by plaintiff, from judgment of O. P. Luzerne Co., Feb. T., 1907, No. 29, for defendant on case stated in suit of Justus Fell-bush v. William F. Egen. Case stated to determine the marketable title to real estate. From the record it appeared that the defendant objected to the title because of a recorded .paper, the material portions of which were as follows : “ This indenture made the day of December, 1901, in the year of Our Lord One thousand nine hundred and one between Justus Fellbush, of the City of Wilkes-Barre, Luzerne County, Penna., of the first part, and…
1Opinion of the Court
Per Curiam,
This case is clearly ruled by Fellbush v. Fellbush, 216 Pa. 141. It was there held that the instrument in question is a deed. It is unquestionably a deed in form, and where the language used is fairly capable of only one construction, as it is here, the intent of the maker must be gathered from his language. It is sometimes said that the question is not what he may have meant, but what is the meaning of his words, a most unfortunate form of expression, for the construction must always be according to his actual intent, whatever the words used, but where the meaning of his words is…
2Cases cited1 opinion
- Fellbush v. FellbushSupreme Court of Pennsylvania · 1906
3Cited by3 opinions
- Brolasky's EstateSupreme Court of Pennsylvania · 1932
- Cheroka v. TobolskiSuperior Court of Pennsylvania · 1942
- In re Shapley's Deed of TrustPennsylvania Orphans' Court, Philadelphia County · 1945