Legal Opinion

Ivory v. Burns

Supreme Court of Pennsylvania

Decided January 7, 1868PublishedCited by 4 opinions

Error to the District Court of Allegheny county : No. 138, to October and November Term 1867. This was an action of debt, brought to April Term 1867, by Daniel Burns against Peter Ivory, in which the following case was stated for the opinion of the court in the nature of a special verdict.

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Error to the District Court of Allegheny county : No. 138, to October and November Term 1867. This was an action of debt, brought to April Term 1867, by Daniel Burns against Peter Ivory, in which the following case was stated for the opinion of the court in the nature of a special verdict. On the 12th day of January, a. d. 1826, John Fairley conveyed to Daniel Burns and Alexander Neely, his sons-in-law, their heirs and assigns, a tract of land containing 145 acres to be equally divided between them ; the northern half of which was to belong to the plaintiff. After the signing of the deed, and…

1Opinion of the Court

The opinion of the court was delivered, January 7th 1868, by

Agnew, J.

The nota bene in the deed from Peter Fairley to Neely and Burns intervenes between the words “ Sealed and delivered in presence of,” and the names “ James M. Riddle and Thomas Enoch,” the subscribing witnesses, occupying thus the usual place for memoranda of alterations and interlineations in a deed. It also stands before the receipt of Fairley for the purchase-money, witnessed by James M. Riddle, and before the acknowledgment taken before Thomas Enoch, the other witness. And it is a memorandum against the interest of the…

2Cases cited1 opinion

  1. Gray v. Foster & MahonSupreme Court of Pennsylvania · 1840

3Cited by4 opinions

  1. Bennett v. Vinton Lumber Co.Superior Court of Pennsylvania · 1905
  2. Bedford Lodge I. O. of O. F., No. 202 v. LentzSupreme Court of Pennsylvania · 1900
  3. Davies v. Harrison, Pennsylvania Court of Common Pleas, Philadelphia County1923
  4. Williams v. Shaw, Pennsylvania Court of Common Pleas, Dauphin County1922

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