Haines v. O'Conner
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. Peter Haines against Nathaniel Patterson and Mary O’Conner. This was an action of ejectment for a lot of ground in the borough of Birmingham. The original title was admitted to have been in the plaintiff Peter Haines.
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ERROR to the district court of Allegheny county. Peter Haines against Nathaniel Patterson and Mary O’Conner. This was an action of ejectment for a lot of ground in the borough of Birmingham. The original title was admitted to have been in the plaintiff Peter Haines. The defendants gave in evidence a judgment of Thomas Alger against Peter Haines, entered in 1831, a fieri facias upon it, a levy of the lot in controversy, inquisition and condemnation, venditioni exponas to January term 1823, upon which it was sold to Dominick O’Conner for 312 dollars, who received the deed of the sheriff dated…
1Opinion of the Court
*320The opinion of the court was delivered by
Rogers, J.
If the case of Browne v, Dysinger, 1 Rawle 408, has been understood to have ruled, “ that if I proclaim that I hold my house for B,' on terms of conveying to. him when he shall reimburse me what I have paid, it is a trust which will be enforced;” it arises from a misapprehension of what was intended to be decided. A contrary doctrine is taught in Kepler v. Kepler, 2 Watts 327, and in the recent case of Robertson v. Robertson, 9 Watts 42. In the latter case it is ruled, that although in all cases of fraud, and where the transaction in relation…
2Cases cited3 opinions
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Hoy v. SterrettSupreme Court of Pennsylvania · 1834
3Cited by18 opinions
- Perry v. McHenryIllinois Supreme Court · 1851
- Floyd v. DuffyWest Virginia Supreme Court · 1910
- Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Kellum v. SmithSupreme Court of Pennsylvania · 1859
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