Lehigh Coal & Navigation Co. v. Evans
Supreme Court of Pennsylvania
Appeal, No. 200, Jan. T., 1896, by plaintiff, from judgment of C. P. Carbon Co., Oct. T., 1891, No. 20, on verdict for defendants. Ejectment for land in the borough of Lansford. Before Al-bright, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 200, Jan. T., 1896, by plaintiff, from judgment of C. P. Carbon Co., Oct. T., 1891, No. 20, on verdict for defendants. Ejectment for land in the borough of Lansford. Before Al-bright, P. J. The facts appear by the opinion of the Supreme Court. Plaintiff’s points were as follows : 1. The uncontradicted evidence of Bernard Barron and George Ruddle in the case is that the deed dated December 19, 1871, from the Lehigh Coal & Navigation Company to Bernard Barron for lot No. 74 East Ridge street, the lot in question, contained the following condition, to wit: “ Provided always,…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
In 1871 the Lehigh Coal & Navigation 'Company, being then the owner in fee of the lot in dispute, agreed with Bernard Barron to sell and convey the same to him. The deed in consummation of their agreement was made on the 19th of December, 1871, and delivered to the grantee on the 23d of *31May, 1872. On the 5th of July, 1872, Barron conveyed the lot to James Gallagher as security for a loan, and Gallagher on the request of Barron conveyed the same on the 11th of October, 1876, to George Evans, who died in 1889, and whose widow and heirs are the real defendants in…
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