Legal Opinion

Swank v. Phillips

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 4 opinions

Error to the Court of Common Pleas of Sullivan county: Of July Term 1885, No. 106. Ejectment brought by Henry Swank against Alfred Phillips and Jonathan Phillips, for 248 acres and 48 perches of land situate in Sullivan County. Plea, not guilty. The following are the facts as they appeared on the trial before Ingham, P. J.: Some time prior to 1840, one David Phillips became the owner of the above mentioned land, and sold it or contracted to sell it to Icldo Arms.

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Error to the Court of Common Pleas of Sullivan county: Of July Term 1885, No. 106. Ejectment brought by Henry Swank against Alfred Phillips and Jonathan Phillips, for 248 acres and 48 perches of land situate in Sullivan County. Plea, not guilty. The following are the facts as they appeared on the trial before Ingham, P. J.: Some time prior to 1840, one David Phillips became the owner of the above mentioned land, and sold it or contracted to sell it to Icldo Arms. Arms failing to pay the purchase money according to contract, Phillips brought an action of ejectment, in Lvcoming County, in which…

1Opinion of the CourtJustice Trunkey

That it was error to exclude the record of the agreement is too plain for question. It was legal evidence under the Act of February 21st, 1834, P. L., 68 ; Curry v. Raymond, 28 Pa. St., 144. But its rejection is not cause for reversal, for after-wards the original agreement was offered by the plaintiff, and admitted; otherwise the first assignment would have to be sustained.

When the plaintiff had the agreement recorded, the defendants were already in possession, and this action was pending. At the trial he did not claim to recover because his agreement was recorded — he claimed to be an…

2Cases cited1 opinion

  1. Stuart v. CommonwealthSupreme Court of Pennsylvania · 1839

3Cited by4 opinions

  1. Thompson v. ChristieSupreme Court of Pennsylvania · 1890
  2. Gordon v. Robinson (Gordon, Third-Party Defendant)Court of Appeals for the Third Circuit · 1954
  3. Donegal Township School District v. CrosbySuperior Court of Pennsylvania · 1952
  4. Gordon v. Robinson (Gordon, Third-Party Defendant)Court of Appeals for the Third Circuit · 1954

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