Sampson v. Sampson
Supreme Court of Pennsylvania
In Error. ON the return of the record of this ejectment from the Court of Common Pleas of Westmoreland county, it appeared, that the defendants in error, who were plaintiffs below, . . . „ . . 1 „ claimed the land in dispute under the will of their father John Sampson, who had filed an application for it on the 3d April, 1769. On the 8th April, 1788, he took out a warrant in * * ' ’ the names of his sons Charles and James, the former of whom was the defendant, which was…
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In Error. ON the return of the record of this ejectment from the Court of Common Pleas of Westmoreland county, it appeared, that the defendants in error, who were plaintiffs below, . . . „ . . 1 „ claimed the land in dispute under the will of their father John Sampson, who had filed an application for it on the 3d April, 1769. On the 8th April, 1788, he took out a warrant in * * ' ’ the names of his sons Charles and James, the former of whom was the defendant, which was surveyed upon the land. It was admitted, that the warrant was taken out and paid for by the father, and the question on…
1Opinion of the Court
'Tibghman C. J.
having been absent during the argument, gave no opinion.
Gibson J.
The question was, whether a trust resulted to John Sampson who paid the purchase money and took out a warrant for the land in dispute on the 8th April, 1788, in the names of his sons Charles and James the defendants; or whether he intended the land as an advancement. To rebut the implication of a trust, the defendant gave evidence of a variety of circumstances, consisting of declarations of John Sampson, acts of ownership by the defendant, and the common reputation of the country. To rebut this, the plaintiffs…
2Cases cited6 opinions
- Georgia v. BrailsfordSupreme Court of the United States · 1794
- Burd v. Lessee of DansdaleSupreme Court of Pennsylvania · 1809
- Service v. HeermanceNew York Supreme Court · 1806
- New-York Firemen Insurance v. WaldenCourt for the Trial of Impeachments and Correction of Errors · 1815
- Aylwin v. UlmerMassachusetts Supreme Judicial Court · 1815
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sidwell v. EvansSupreme Court of Pennsylvania · 1830
- New Shawmut Mining Co. v. GordonSupreme Court of Pennsylvania · 1967