Legal Opinion

Ball v. Campbell

Supreme Court of Pennsylvania

Decided May 12, 1890No. 96PublishedCited by 2 opinions

APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 96 January Term 1890, Sup. Ct.; court below, No. 628 December Term 1887, C. P. On December 3, 1887, John Ball brought ejectment against John C. Campbell and Alice, his wife, J. L. Ball and Cornelia, his wife, Harris Rogers and Margaret, his wife, Joshua Turk, Allen Rogers, John Teed, Wm.

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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 96 January Term 1890, Sup. Ct.; court below, No. 628 December Term 1887, C. P. On December 3, 1887, John Ball brought ejectment against John C. Campbell and Alice, his wife, J. L. Ball and Cornelia, his wife, Harris Rogers and Margaret, his wife, Joshua Turk, Allen Rogers, John Teed, Wm. Campbell, Henry Smith and Abram Brown, for five lots of land in Litchfield township, containing 621 acres more or less. Issue. At the trial on September 19, 1888, the plaintiff put in evidence a judgment in favor of himself against…

1Opinion of the Court

Opinion,

Mk. Justice Mitchell:

Where a party claims as a bona fide purchaser for value, against an asserted trust or fraud, it is incumbent on him to prove affirmatively the payment of the consideration relied on, and the mere receipt of his grantor or vendor, even, though it be in a deed, will not be sufficient for that purpose against third parties. Such receipt. is prima facie evidence against the grantor and those claiming under him, but against others it is no evidence at all: Lloyd v. Lynch, 28 Pa. 419; Redfield etc. Co. v. Dysart, 62 Pa. 62; Baum v. Tonkin, 110 Pa. 569. And, as the…

2Cases cited3 opinions

  1. Baum v. TonkinSupreme Court of Pennsylvania · 1885
  2. Lloyd v. LynchSupreme Court of Pennsylvania · 1857
  3. Redfield & Rice Manufacturing Co. v. DysartSupreme Court of Pennsylvania · 1869

3Cited by2 opinions

  1. Stewart's EstateSupreme Court of Pennsylvania · 1939
  2. McHale v. CullenSuperior Court of Pennsylvania · 1919

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