Legal Opinion

Hood v. Hood

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 3 opinions

Error to tbe District Court of Allegheny county. This was a second ejectment, brought by Eliza Hood, acting executrix of John M. Hood, of Philadelphia, deceased, against Mary Hood, et al., heirs-at-law of M‘Clelland Hood, deceased, for a tract of land known as “ Safe Landing,” situated in Ohio township, Allegheny county, containing 226 acres. The judgment for defendants, rendered in the former trial, was affirmed by. the Supreme Court.

Read the full summary

Error to tbe District Court of Allegheny county. This was a second ejectment, brought by Eliza Hood, acting executrix of John M. Hood, of Philadelphia, deceased, against Mary Hood, et al., heirs-at-law of M‘Clelland Hood, deceased, for a tract of land known as “ Safe Landing,” situated in Ohio township, Allegheny county, containing 226 acres. The judgment for defendants, rendered in the former trial, was affirmed by. the Supreme Court. See 1 Casey, 417. John M. Hood and McClelland Hood, were brothers. Plaintiff showed a regular chain of title in John M. Hood, as early as 1808, and offered his…

1Opinion of the Court

The opinion of the court was delivered by

Church, J.

— The court below very properly ruled adversely to the alleged trust. The evidence was clearly insufficient to support that character of defence. Hence the only questions in this corn-t, arise out of the charge to the jury, touching the title set up under the Statute of Limitations, and upon the exceptions taken by the plaintiff to evidence admitted in the trial, on the same subject. These latter will be discussed first.

The portions of the deposition of Richardson, considered inadmissible, relate specially to the question of trust, but the…

2Cases cited2 opinions

  1. Noble v. M'ClintockSupreme Court of Pennsylvania · 1843
  2. Gilchrist v. RogersSupreme Court of Pennsylvania · 1843

3Cited by3 opinions

  1. Johns v. JohnsSupreme Court of Pennsylvania · 1914
  2. Owens v. PetersSuperior Court of Pennsylvania · 1937
  3. Butler, Gibb & Co. v. HenrySupreme Court of Arkansas · 1886

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API