Gingrich v. Foltz
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was an action of ejectment by Catharine Eoltz against Cover and Gingrich, for a tract of land of 21 acres and 107 perches.
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Error to the Common Pleas of Dauphin county. This was an action of ejectment by Catharine Eoltz against Cover and Gingrich, for a tract of land of 21 acres and 107 perches. John Reesor, who died in 1799, in the codicil to his will directed that a legacy of ¿8300, bequeathed by him to his daughter Barbara, intermarried with George Evich, should be invested in the purchase of a tract of land, for her and her husband, and that they should receive the profits of said land, and live on it during Barbara’s lifetime, and after her death it was to go to her children. George Evich died in or about…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
In Pennsylvania a warrant and survey, attended with payment of the purchase-money, is to be considered, as against all but the Commonwealth, in the same light as the legal estate in England, and is not to be distinguished, as to the mode of conveying, entailing, and barring entails, from estates strictly legal: Burkart v. Bucher, 2 Binn. 355; Duer v. Boyd, 1 Ser. & R. 203; Caines v. Grant, 5 Binn. 120; Maclay v. Work, Id. 158. A patent is only prima facie evidence of title: 4 Binn. 213; 2 Binn. 12. The patentee is a trustee for the right…
2Cases cited5 opinions
- Lessee of Bonnet v. DevebaughSupreme Court of Pennsylvania · 1810
- Lessee of Burkart v. BucherSupreme Court of Pennsylvania · 1810
- Kirk v. DeanSupreme Court of Pennsylvania · 1810
- Caines v. Lessee of GrantSupreme Court of Pennsylvania · 1812
- Lessee of Maclay v. WorkSupreme Court of Pennsylvania · 1812
3Cited by4 opinions
- Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
- Patten v. ScottSupreme Court of Pennsylvania · 1888
- Consolidation Coal Co. v. FriedlineSuperior Court of Pennsylvania · 1938
- Smith v. Phenix InsuranceCalifornia Supreme Court · 1890