Bellas v. M'Carty
Supreme Court of Pennsylvania
ERROR to the common pleas of Northumberland county. This was an action of ejectment by Hugh Bellas against William M’Carty and others for the undivided three-fourths part of a tract of land in Coal township containing one hundred acres.
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ERROR to the common pleas of Northumberland county. This was an action of ejectment by Hugh Bellas against William M’Carty and others for the undivided three-fourths part of a tract of land in Coal township containing one hundred acres. Each party claimed under the same original title, and under George Derk; the plaintiff by a conveyance from Derk, and the defendants by a sale of the land, as the property of Derk, by the sheriff of Northumberland county upon a testatum venditioni exponas from Union county. George Derk had an equitable title to the land, having held the same upon articles of…
1DissentKennedy, J.
dissenting. — It is with great reluctance,and certainly not without some feeling of diffidence, that I undertake to express my dissent to the decision of some of the points which have been mentioned, as arising in this cause, in the very lucid and able opinion of the court, delivered by Mr Justice Rogers. Believing, however, that the rules of property will be materially affected thereby, and changed from what they have ever been considered as being, according to the plain meaning and spirit of the several legislative enactments, which have reference thereto, as also the various adjudications…
2Cases cited18 opinions
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
- Richmond Screw Anchor Co. v. E. W. Minter Co.Tennessee Supreme Court · 1927
- Morrison v. WurtzSupreme Court of Pennsylvania · 1838
- Stoever v. RiceSupreme Court of Pennsylvania · 1838
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