Ogden v. Brown
Supreme Court of Pennsylvania
Error to the Common Pleas of Bradford county. This was an ejectment by Sarah Ogden against William H. H. Brown, Byron Brown, Barton Brown, James C. Ridgway, Joseph.i L. Johnson, D. S. Miller, and James Roof, for a tract of 300* acres, in Franklin township, Bradford county.
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Error to the Common Pleas of Bradford county. This was an ejectment by Sarah Ogden against William H. H. Brown, Byron Brown, Barton Brown, James C. Ridgway, Joseph.i L. Johnson, D. S. Miller, and James Roof, for a tract of 300* acres, in Franklin township, Bradford county. The plaintiff claimed title to an undivided eighth part of the land in controversy, by descent from her grandmother, Amy Cranmer, formerly Amy Wilcox, who died in 1834, at the advanced age of 104 to 108 years. The defendants claimed title under Stephen Wilcox, a son of the said Amy Cranmer, by her first husband, to whom the…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
If the instrument dated July 7th 1834, was an executory contract, then the absence of words of inheritance does not prevent its passing a fee simple in equity. The primary question in this case, therefore, is, whether that instrument is to be construed as a conveyance, or as an agreement to convey. And the rule is, that whether an informal instrument, transferring an interest in real estate, shall be held a conveyance, or only an agreement for a conveyance, depends not on any particular words or phrases found in it, but on the intention of…
2Cases cited3 opinions
- Kenrick v. SmickSupreme Court of Pennsylvania · 1844
- Neave v. JenkinsSupreme Court of Pennsylvania · 1796
- Lessee of Sherman v. DillSupreme Court of Pennsylvania · 1806
3Cited by8 opinions
- Phillips v. SwankSupreme Court of Pennsylvania · 1888
- Dreisbach v. SerfassSupreme Court of Pennsylvania · 1889
- Calhoun v. HaysSuperior Court of Pennsylvania · 1944
- Ringrose v. RingroseSupreme Court of Pennsylvania · 1895
- Davis v. MartinSuperior Court of Pennsylvania · 1898
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