Todd v. Campbell
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Westmoreland county. This was an ejectment by Priscilla Campbell and Elizabeth P. Campbell, the heirs at law of William Campbell, deceased, against Samuel Todd, the lessee of Mary Oliphant, who was the heir at law of John Campbell, deceased, for a tract of 306 acres of land, in Rostraver township.
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Error to tbe Common Pleas of Westmoreland county. This was an ejectment by Priscilla Campbell and Elizabeth P. Campbell, the heirs at law of William Campbell, deceased, against Samuel Todd, the lessee of Mary Oliphant, who was the heir at law of John Campbell, deceased, for a tract of 306 acres of land, in Rostraver township. William Campbell was the undisputed owner of the premises on the 30th October 1826, on which day, he executed and delivered to his brother, John Campbell, the father of Mrs. Oliphant, the defendant’s lessor, a deed in fee simple for the same. The consideration mentioned…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
The plaintiffs below are seeking to recover the land against a deed of their ancestor, absolute on its face. They allege no fraud or mistake, but claim that the deed, though apparently indefeasible, was in truth a mortgage. Its alleged defeasibility they attempt to prove by no written instrument, but wholly by parol evidence. It is undeniable that a deed, absolute on its face, may be shown to be a mortgage by such evidence, though a mortgage may not thus-be shown to be a sale. The reason is said to be, that the evidence in the one case…
2Cases cited1 opinion
- Bryan v. CowartSupreme Court of Alabama · 1852
3Cited by3 opinions
- McDonald v. McAndrewSuperior Court of Pennsylvania · 1909
- Reagan v. CurranSupreme Court of Pennsylvania · 1910
- Reeder v. Trullinger & Co.Supreme Court of Pennsylvania · 1892