Tyler ex rel. Southworth v. Moore
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. This was an action of debt, entered in the court below, to September Term 1857, between F. A. Tyler as plaintiff, and William E. Moore as defendant, in which the following- case was stated for the opinion of the court:— The parties in this case agree upon the facts herein set forth, as a case stated, the same to be considered in the nature of a special verdict rendered, and either party to have the right to take a writ of error to…
Read the full summary
Error to the Common Pleas of Bedford county. This was an action of debt, entered in the court below, to September Term 1857, between F. A. Tyler as plaintiff, and William E. Moore as defendant, in which the following- case was stated for the opinion of the court:— The parties in this case agree upon the facts herein set forth, as a case stated, the same to be considered in the nature of a special verdict rendered, and either party to have the right to take a writ of error to the judgment rendered by the Court of Common Pleas. Francis Tyler was the owner of three hundred acres of land, situate…
1Opinion of the Court
The opinion of the court was delivered, April 21st 1862, by
Strong, J.
The fallacy of the argument submitted by the plaintiff in error, lies in the assumption that in the granting part of the deed, the whole of the three hundred acres were granted to Francis A. Tyler, in fee simple, that is, to him and to his heirs and assigns for ever. Hence it is inferred that the habendum, if it be held to reduce the estate to a tenancy for life, is repugnant to the premises, and therefore void. If, however, the 'assumption may not be made, then the premises and the habendum are not necessarily repugnant to…
2Cases cited1 opinion
- Moss v. SheldonSupreme Court of Pennsylvania · 1842
3Cited by7 opinions
- Laidley v. RoweSupreme Court of Pennsylvania · 1923
- Prindle v. Iowa Soldiers Orphans HomeSupreme Court of Iowa · 1911
- Husted v. RollinsSupreme Court of Iowa · 1912
- In Re Estate of FleckSupreme Court of Iowa · 1967
- Bedford Lodge I. O. of O. F., No. 202 v. LentzSupreme Court of Pennsylvania · 1900
2 more not listed; retrieve them via the Exa API.