Nicolls v. McDonald
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of July Term 1882, No. 84. Ejectment, by John McDonald against Seneca Nicolls, to recover possession of about seventy-four acres of land in Beaver township. Plea, the general issue. On the trial, before CnuRcn, P. J., the plaintiff, John McDonald, was admitted to be the common source of title.
Read the full summary
Error to the Court of Common Pleas of Crawford county: Of July Term 1882, No. 84. Ejectment, by John McDonald against Seneca Nicolls, to recover possession of about seventy-four acres of land in Beaver township. Plea, the general issue. On the trial, before CnuRcn, P. J., the plaintiff, John McDonald, was admitted to be the common source of title. The plaintiff offered in evidence his own deed to Seneca Nicolls, the defendant, dated May 23rd 1879, for two pieces of land, one of 74 acres (the premises in suit) and the other of 80 acres which had afterwards been conveyed back to plaintiff by…
1Opinion of the CourtJustice Mercur
This is an attempt by the plaintiff below to recover land against a deed made by himself, absolute on its face. He alleges no fraud or mistake in its execution; but claims although apparently indefensable, yet it was executed under an agreement *519which in law makes it a mortgage. There is no attempt to prove the alleged defeasance by any instrument in writing ; but wholly by parol evidence. The rule is well settled in Pennsylvania prior to the Act of 1881, that a grantor may prove by parol that his deed which purports to be a conveyance is in reality only security for a debt or liability. When…
2Cited by8 opinions
- English v. HagerSupreme Court of Pennsylvania · 1888
- Canavan v. PayeSupreme Court of Pennsylvania · 1907
- Reagan v. CurranSupreme Court of Pennsylvania · 1910
- Sing You v. Wong Free LeeSouth Dakota Supreme Court · 1902
- Rosenberg v. MenckeSupreme Court of Pennsylvania · 1904
3 more not listed; retrieve them via the Exa API.