Roth v. M'Clelland
Supreme Court of Pennsylvania
ERROR to the common pleas of Adams county. This was an action of ejectment by David Roth against William M’Clelland, for a tract of land in Liberty township, Adams county, containing one hundred and fifty acres, with a grist mill, saw mill, oil mill, and plaster mill erected upon it. The title to the land was admitted to have been in Jacob Roth, and the plaintiff gave in evidence, a deed dated the 4th of August 1823, from Jacob Roth to David Roth, and rested his cause.
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ERROR to the common pleas of Adams county. This was an action of ejectment by David Roth against William M’Clelland, for a tract of land in Liberty township, Adams county, containing one hundred and fifty acres, with a grist mill, saw mill, oil mill, and plaster mill erected upon it. The title to the land was admitted to have been in Jacob Roth, and the plaintiff gave in evidence, a deed dated the 4th of August 1823, from Jacob Roth to David Roth, and rested his cause. The defendant gave in evidence the record of an action of covenant, in the circuit court of the United States, and…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The decree of the circuit court was interlocutory and conditional. The respondents were required to pay, hy a given day, certain moneys into comt to the credit of the judgment on which the land in contest has since been sold; in default of which, the conveyance recited in the complainant’s bill was decreed to be fraudulent and void. The object of the condition was to reach the equity of the cause without, unless as a last resort, disturbing the conveyance betwixt the parties to it. In default of performance the decree was to stand as an…
2Cited by6 opinions
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- Advanced Management Research, Inc. v. EmanuelSupreme Court of Pennsylvania · 1970
- Armstrong School District v. Armstrong Education Ass'nSupreme Court of Pennsylvania · 1991
- Gill's AppealSupreme Court of Pennsylvania · 1845
- Armstrong School District v. Armstrong Education Ass'nSupreme Court of Pennsylvania · 1991
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