Kenrick v. Smick
Supreme Court of Pennsylvania
ERROR to the District Court of the city and county of Philadelphia, in which an ejectment was brought by Francis Patrick Kenrick against William Smick and Daniel Stokely, to recover a lot of ground situate on the west side of Second street, in Southwark, Philadelphia county. The defendants were tenants of the Second Presbyterian Church, who had their church building upon the adjoining lot. A verdict and judgment were rendered for the defendants.
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ERROR to the District Court of the city and county of Philadelphia, in which an ejectment was brought by Francis Patrick Kenrick against William Smick and Daniel Stokely, to recover a lot of ground situate on the west side of Second street, in Southwark, Philadelphia county. The defendants were tenants of the Second Presbyterian Church, who had their church building upon the adjoining lot. A verdict and judgment were rendered for the defendants. Both parties claimed title under Dr E. S. Ely, in whom it was formerly vested. The plaintiff purchased the lot at a public sale made by Dr Ely for.…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
It has been settled in a variety of cases, that whether an informal instrument transferring an interest in real estate shall be construed a conveyance or only an agreement for a conveyance, must depend, not on any particular words or phrases that are found in it, but on the intention of the parties as collected from the instrument itself, and, where that is doubtful,from the circumstances attending it. Looking at this transaction in all its bearings, we are satisfied that the paper of 21st. July 1829, which is the material one, can be…
2Cited by8 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Bassett v. BudlongMichigan Supreme Court · 1889
- Phillips v. SwankSupreme Court of Pennsylvania · 1888
- Bruner's AppealSupreme Court of Pennsylvania · 1868
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