Jackson v. Summerville
Supreme Court of Pennsylvania
Error to the Common Pleas of Blair county. This was an action of ejectment brought by William Summer-ville, James Summerville and others vs. Thomas Jackson and others, for about 167 acres of land in and around Gaysport, in Blair county.
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Error to the Common Pleas of Blair county. This was an action of ejectment brought by William Summer-ville, James Summerville and others vs. Thomas Jackson and others, for about 167 acres of land in and around Gaysport, in Blair county. Plea not guilty. — Before jury sworn plaintiffs by written disclaimer filed “ disclaim title to any lot or lots in the borough of Gaysport, excepting such as are in the ownership of Thomas Jackson or David R. Porter, or their tenant, M. Criswell.” The plaintiffs claimed as heirs of Ruth Summerville. Defendants claimed under a deed from James Summerville and…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
The admission of evidence to impeach the deed from Summerville and wife, to Jackson, for fraud, was right. The character of the evidence was not objected to, and was unobjectionable. It is the object or purpose of the testimony which is made the ground of objection, and the test of its admissibility.
Positive or actual fraud vitiates all contracts into which it enters, and renders them null and void. Differing essentially, in this particular, from contracts which, on account of their evil example, and their opposition to the law and its…
2Cases cited3 opinions
- Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
- Smull v. JonesSupreme Court of Pennsylvania · 1841
- Custer v. DettererSupreme Court of Pennsylvania · 1841
3Cited by11 opinions
- Culbertson's EstateSupreme Court of Pennsylvania · 1930
- Rubinsky v. Kosh, GuardianSupreme Court of Pennsylvania · 1929
- Phelps v. BensonSupreme Court of Pennsylvania · 1894
- Sager v. MeadSupreme Court of Pennsylvania · 1894
- Johnson County Savings Bank v. KochSuperior Court of Pennsylvania · 1909
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