Kenege v. Elliott
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. Joseph Kenege against James Elliott. This was an action of ejectment for a lot of ground in the town of Springfield, in which the plaintiff in error was the plaintiff below, and in which the parties agreed to the following special verdict. The following facts are agreed upon to be considered as a special verdict, with the right to either party to sue out a writ of error in the usual way.
Read the full summary
ERROR to the common pleas of Cumberland county. Joseph Kenege against James Elliott. This was an action of ejectment for a lot of ground in the town of Springfield, in which the plaintiff in error was the plaintiff below, and in which the parties agreed to the following special verdict. The following facts are agreed upon to be considered as a special verdict, with the right to either party to sue out a writ of error in the usual way. A larger tract of land, embracing the property in dispute, was granted by the commonwealth to William M’Cracken and Samuel Findley by patent, dated the 24th of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
It would certainly be carrying the doctrine of equitable ejectment to an unwarrantable extreme, to apply it to a case like the present. The plaintiff has parted altogether with the lot by a conveyance in fee, and has neither a legal nor equitable title to the lot, but both are in the defendant by his own showing. Giving the most liberal construction to the conveyances under which the plaintiff holds, he is no more than assignee of the ground rent of 1 dollar and 33 cents per annum, issuing out of the premises which was created by the deed…
2Cases cited1 opinion
- Jewel v. HoweSupreme Court of Pennsylvania · 1834
3Cited by4 opinions
- Van Rensselaer v. . JewettNew York Court of Appeals · 1849
- Horton v. New York Central & Hudson River R.R.New York Supreme Court · 1883
- Wallace v. Fourth U. P. ChurchSupreme Court of Pennsylvania · 1893
- De Lancey v. . GanongNew York Court of Appeals · 1853