Shapley v. Diehl
Supreme Court of Pennsylvania
Appeal, No. 136, Jan. T., 1902, by plaintiff from judgment of C. P. Cumberland Co., on case stated in suit of Joseph S. Shapley v. I. C. Diehl, John L. Martin and William Hykes, Trustees of the Church of God of Shippensburg. Case stated to determine the marketable title to real estate.
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Appeal, No. 136, Jan. T., 1902, by plaintiff from judgment of C. P. Cumberland Co., on case stated in suit of Joseph S. Shapley v. I. C. Diehl, John L. Martin and William Hykes, Trustees of the Church of God of Shippensburg. Case stated to determine the marketable title to real estate. Before E. W. Biddle, P. J. From the case stated it appeared that Joel Shapley, the plaintiff’s father, wrote on the back of a deed which conveyed to him the real estate in controversy, the following words : “ For value received, I hereby convey and transfer all my right, title and interest to the property…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
In determining whether the rule in Shelley’s case is applicable the test is how the donees in remainder are to take. If as purchasers under the donor then the particular estate is limited by the literal words of the deed and the rule in Shelley’s case has no application. But if the remainder-men are to take as heirs to the donee of the particular estate, then what has been called the superior intent as declared in Shelley’s case operates and the first donee takes a fee, whatever words may be used in describing the estate given to him. “ The inheritance in…
2Cases cited5 opinions
- Guthrie's AppealSupreme Court of Pennsylvania · 1861
- Doebler's AppealSupreme Court of Pennsylvania · 1870
- Yarnall's AppealSupreme Court of Pennsylvania · 1872
- Haldeman v. HaldemanSupreme Court of Pennsylvania · 1861
- Hileman v. BouslaughSupreme Court of Pennsylvania · 1850
3Cited by26 opinions
- Orme v. Northern Trust Co.Illinois Supreme Court · 1962
- Lyman v. LymanSupreme Court of Pennsylvania · 1928
- Stout v. GoodSupreme Court of Pennsylvania · 1914
- Kemp v. ReinhardSupreme Court of Pennsylvania · 1910
- Lauer v. HoffmanSupreme Court of Pennsylvania · 1913
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