Legal Opinion

Jackson v. McGinness

Supreme Court of Pennsylvania

Decided October 15, 1850PublishedCited by 4 opinions

Error to the Common Fleas of Fayette county. This was an ejectment by Hiram Jackson vs. Johnston McGinness. The land in dispute belonged to Acre Worley, deceased; who, by will dated the 29th April, 1826, devised said land to Ms wife, Lydia Worley, during her life, and, at her death, to his two half brothers, Samuel and Joseph Worley.

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Error to the Common Fleas of Fayette county. This was an ejectment by Hiram Jackson vs. Johnston McGinness. The land in dispute belonged to Acre Worley, deceased; who, by will dated the 29th April, 1826, devised said land to Ms wife, Lydia Worley, during her life, and, at her death, to his two half brothers, Samuel and Joseph Worley. In 1834, after the decease of Acre Worley, the Bank of Brownsville obtained judgment against Lydia and Samuel Worley, on which fi. fa. issued, the property in dispute levied on and condemned, ven. exp. issued, and sold to Hiram Jackson, plaintiff, March 6th,…

1Opinion of the Court

The opinion of the court was delivered by

Bell, J.

— Under the proof as it stands, McGinness, as representing Antram, must be taken as in possession primarily, under the sale made by Jackson to John. In relation to the former, he stands in the shoes of the latter, without pretence of payment of purchase money or valuable improvements made; for it is almost needless to observe that the payments made by McGinness to John, cannot be set up as affecting any right residing in the plaintiff, Jackson. Considered as between him and the defendant, we are then presented with the case of a vendor and…

2Cases cited3 opinions

  1. Smith v. WebsterSupreme Court of Pennsylvania · 1834
  2. Congregation v. MilesSupreme Court of Pennsylvania · 1835
  3. Richardson v. KuhnSupreme Court of Pennsylvania · 1837

3Cited by4 opinions

  1. Matanuska Valley Bank v. AbernathyAlaska Supreme Court · 1968
  2. Orner v. McCauleySupreme Court of Pennsylvania · 1922
  3. Foley v. Smay, Pennsylvania Court of Common Pleas, Westmoreland County1942
  4. Rubino v. Cadmus, Pennsylvania Court of Common Pleas, Chester County1970

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