Chase v. Irvin
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clearfield county: Of May Term 1878, No. 26. Ejectment by E. A. Irvin and James B. Graham, executors of William Irvin, deceased, against John M. Chase, to recover possession of one hundred acres of land, part of a larger tract of land surveyed in pursuance of a warrant dated June 8th 1784, granted by the Commonwealth of Pennsylvania to William King.
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Error to the Court of Common Pleas of Clearfield county: Of May Term 1878, No. 26. Ejectment by E. A. Irvin and James B. Graham, executors of William Irvin, deceased, against John M. Chase, to recover possession of one hundred acres of land, part of a larger tract of land surveyed in pursuance of a warrant dated June 8th 1784, granted by the Commonwealth of Pennsylvania to William King. In 1835 the title to one hundred acres of this William King tract was vested in Isaac Dunlap, who, in 1842, conveyed the same to Stacy W. and Isaac Thompson. In 1846 William Irvin bought this land at sheriff’s…
1Opinion of the CourtJustice Gordon
In order to save a judgment belonging to the estate of William Irvin, the executors above named, took an assignment from Mr. Krebs, their attorney, of a sheriff’s deed for the land in suit, which had been sold as the property of William A. Dunlap, on an execution issued from a judgment belonging to J. B. Graham & Son. This was altogether proper, and the title being in this manner vested in Irvin and Graham, they were the proper persons to institute and maintain this suit.
But as the title to the land vested in them extra the will of the testator, they hold not as executors but as trustees; the…
2Cases cited1 opinion
- Treaster v. FleisherSupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Stonecipher v. KeaneSupreme Court of Pennsylvania · 1920
- James v. BreamSupreme Court of Pennsylvania · 1919
- Paschall v. FelsSupreme Court of Pennsylvania · 1903
- Singer v. Singer, Pennsylvania Court of Common Pleas, Dauphin County1943