Ballentine v. White
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 126, to October and November Term 1873. This was an action of ejectment, brought November 25th 1873, bj E. C. White against Nathaniel Ballentine, for three lots of ground in Temperanceville, now in the city of Pittsburg.
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Error to the District Court of Allegheny county: No. 126, to October and November Term 1873. This was an action of ejectment, brought November 25th 1873, bj E. C. White against Nathaniel Ballentine, for three lots of ground in Temperanceville, now in the city of Pittsburg. The case was tried December 11th 1872, before Kirkpatrick, J. The plaintiff gave in evidence a deed of perpetual lease, dated April 28th 1841, from Warden & Alexander to him, for the property in dispute, -the consideration being $1 and a yearly rent of $36, with the right to purchase within six years on the payment of $600:…
1Opinion of the CourtJustice Sharswood
delivered the' opinion of the court,
The first specification of error complains that the learned court below admitted parol evidence to show that the transfer by White to Ballentine, dated April 1st 1855, though in form an absolute conveyance, was in reality intended by the parties as a mortgage to secure indebtedness then existing, and money to be subsequently loaned. The contention of the plaintiff in error is founded entirely upon the fourth section of the Act of April 22d 1856, Pamph. L. 533, but as the transfer in question was executed April 1st 1855, and that section is clearly…
2Cases cited1 opinion
- Girard v. GettigSupreme Court of Pennsylvania · 1810
3Cited by4 opinions
- Canole v. AllenSupreme Court of Pennsylvania · 1908
- Williams Et Ux. v. MoodhardSupreme Court of Pennsylvania · 1941
- Bitner v. Boone, Pennsylvania Court of Common Pleas, Lancaster County1889
- Truxal v. TruxalSuperior Court of Pennsylvania · 1984