Stephens v. Rinehart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Gfreene county: of October and November Term 1871, No. 220. This was an action of ejectment brought March 17th 1866, by Eleanor A. Rinehart and others, against Barzilla Stephens and others, for the undivided fifth part of 600 acres of.land. .The land had been the property of Andrew Lantz, Sr., deceased, under whom both parties claimed; the plaintiffs were the heirs of Andrew Lantz, Jr., deceased, a son of Andrew Lantz, Sr. The cause was…
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Error to the Court of Common Pleas of Gfreene county: of October and November Term 1871, No. 220. This was an action of ejectment brought March 17th 1866, by Eleanor A. Rinehart and others, against Barzilla Stephens and others, for the undivided fifth part of 600 acres of.land. .The land had been the property of Andrew Lantz, Sr., deceased, under whom both parties claimed; the plaintiffs were the heirs of Andrew Lantz, Jr., deceased, a son of Andrew Lantz, Sr. The cause was tried, September 6th 1871, before Gilmore, P. J. The plaintiffs offered in evidence a deed, dated June 26th 1853,…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— That the delivery of the deed in controversy after the death of the grantor, took effect by relation to the first delivery, seems a point very well settled by the decided cases: Morris v. Stephens, 4 P. F. Smith 20. In Foster v. Mansfield, 3 Metcalf 414, C. J. Shaw said: “ Where the future delivery is to depend upon the payment of money or the performance of some other condition, it will be deemed an escrow. Where it is merely to await the lapse of time or the happening of some contingency, and not the performance of any condition, it…
2Cases cited3 opinions
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- Belden v. CarterSupreme Court of Connecticut · 1809
- Stewart v. StewartSupreme Court of Connecticut · 1824
3Cited by12 opinions
- Rynier EstateSupreme Court of Pennsylvania · 1943
- Chambley v. RumbaughSupreme Court of Pennsylvania · 1939
- William A. Wagoner's EstateSupreme Court of Pennsylvania · 1896
- Kanawell v. MillerSupreme Court of Pennsylvania · 1918
- Hartman's Estate (No. 2)Supreme Court of Pennsylvania · 1935
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