Penington v. Coats
Supreme Court of Pennsylvania
This was an action of assumpsit for use and occupation, brought by Henry Penington against Thomas Coats to December Term, 1839, of this -court, By agreement, the following case was stated for the opinion of. the court, to be considered as if the facts had been found by the jury in the nature of a special verdict.
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This was an action of assumpsit for use and occupation, brought by Henry Penington against Thomas Coats to December Term, 1839, of this -court, By agreement, the following case was stated for the opinion of. the court, to be considered as if the facts had been found by the jury in the nature of a special verdict. “ Thomas Coats the elder, of the county of Philadelphia, now deceased, was in his lifetime seized in fee of and in a certain lot or piece of ground, situate on the south side of Noble street, at the dis- , tance of seventy-three feet one inch eastward from the south-east corner of…
1Opinion of the Court
Rogers, J.,
delivered the opinion of the Court., A merger is a common law doctrine, and exists where there is a union of the legal estate in pne person, in the same right and at the same time. Where such legal ownership of the term and inheritance meets, the term which was before personal property, falls into the inheritance and ceases to exist. But, in no instance, can the legal estate merge in the equitable ownership. In the sixth chapter of Mr. Preston’s Treatise on Conveyancing, which contains an enumeration of the circumstances, which must concur in order to accomplish the operation of…
2Cases cited4 opinions
- Moore v. Harrisburg BankSupreme Court of Pennsylvania · 1839
- Morrison v. WurtzSupreme Court of Pennsylvania · 1838
- Klingensmith v. GroundSupreme Court of Pennsylvania · 1836
- Scott v. GreenoughSupreme Court of Pennsylvania · 1821
3Cited by9 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Fair Oaks Building & Loan Ass'n v. KahlerSupreme Court of Pennsylvania · 1935
- Moats v. Thompson, Exrs.Supreme Court of Pennsylvania · 1925
- Stoever v. RiceSupreme Court of Pennsylvania · 1838
- Springer v. HallSupreme Court of Missouri · 1884
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