Lessee of Church v. Church
Supreme Court of Pennsylvania
EjectmeNT for a messuage and lot of ground in the district of Southwark. The plaintiff claimed under a deed from Shepherd Church, to his mother Mary Church (who was likewise the mother of the parties) for this lot and other lots in the city, in consideration of 800I., which was duly acknowledged and recorded.
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EjectmeNT for a messuage and lot of ground in the district of Southwark. The plaintiff claimed under a deed from Shepherd Church, to his mother Mary Church (who was likewise the mother of the parties) for this lot and other lots in the city, in consideration of 800I., which was duly acknowledged and recorded. She, by will, dated 24th June 1790, devised the premises to her son Shepherd, and in case he died without legal heirs of his body, then over to her son Samuel, the lessor of the plaintiff in fee. Shepherd died unmarried three years before his mother. On the part of the defendant it was…
1Opinion of the CourtTilghman, C. J.
I fully agree with Mr. Justice Bradford in his observation on that case, and that it varied from the law in England. 2 Dali. 172.
The court unanimously think this evidence cannot be received ; it directly militates against the act of frauds and perjuries. The greatest dangers would ensue. Here there is no resulting trust. The deed would enure as a voluntary deed, unless creditors were thereby defrauded. Neither on principle nor precedent can the testimony be admitted.
The jury gave a verdict for the plaintiff without leaving the bar.
2Cited by3 opinions
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Leving v. WillSupreme Court of the United States · 1789
- Burke ex rel. Harrison v. AllenSupreme Court of Pennsylvania · 1802