Legal Opinion

Kellum v. Smith

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 22 opinions

Error to the Common Pleas of Bradford county. This was an ejectment by Alanson B. Smith against Samuel Kellum, Charles Kellum, Hampton Updyke, S. S. Bradley, Peter McCracken, and O. A. Holden, for 160 acres of land in Durel township. The land in controversy was originally settled, in 1794, by Benjamin Ackla, who by his will devised it to his five sons, Amos, John, Jonathan, Benjamin, and William.

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Error to the Common Pleas of Bradford county. This was an ejectment by Alanson B. Smith against Samuel Kellum, Charles Kellum, Hampton Updyke, S. S. Bradley, Peter McCracken, and O. A. Holden, for 160 acres of land in Durel township. The land in controversy was originally settled, in 1794, by Benjamin Ackla, who by his will devised it to his five sons, Amos, John, Jonathan, Benjamin, and William. In 1848, Israel Smith was the legal owner of 30 acres of this tract, set off to Amos Ackla, and known as the “ Amos Ackla claimand the equitable owner of another part of the “ Benjamin Ackla farm,”…

1Opinion of the Court

The opinion of the court was delivered by

Strons, .J.

The case presented is this. In 1848, Israel Smith was the legal owner of the “ Amos Achia claim” (part of the Benjamin Achia farm), and the equitable owner of the “ mill lot,” and of another tract of land called the “ Sarah Morrison tract.” *163In the summer of that year, he caused the mill lot and the Morrison tract to be conveyed to Bell & Co., under an arrangement that they should hold the property as security for his indebtedness to them, and also for future advances which they agreed to make, to enable him to improve the mill lot. At the…

2Cases cited5 opinions

  1. Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
  2. Brown v. DysingerSupreme Court of Pennsylvania · 1829
  3. Haines v. O'ConnerSupreme Court of Pennsylvania · 1840
  4. Fox v. HeffnerSupreme Court of Pennsylvania · 1841
  5. Jackman v. RinglandSupreme Court of Pennsylvania · 1842

3Cited by22 opinions

  1. Kalyvas v. KalyvasSupreme Court of Pennsylvania · 1952
  2. Metzger v. MetzgerSupreme Court of Pennsylvania · 1940
  3. McCloskey v. McCloskeySupreme Court of Pennsylvania · 1903
  4. Carkonen v. AlbertsWashington Supreme Court · 1938
  5. Gates Hotel Co. v. C. R. H. Davis Real Estate Co.Supreme Court of Missouri · 1932

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