Muntz v. Whitcomb
Superior Court of Pennsylvania
Appeal, No. 3, April T., 1909, by defendant, from judgment of C. P. Warren Co., Dec. T., 1906, No. 52, on verdict for plaintiff in case of Anthony Muntz v. Clarence W. Whitcomb. Ejectment for thirty-eight acres of land in Corydon township. Before Lindsey, P. J. At the trial it appeared that the defendant, Clarence W. Whitcomb, on June 16,1902, executed and delivered a deed for the land in question, to the plaintiff, Anthony Muntz.
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Appeal, No. 3, April T., 1909, by defendant, from judgment of C. P. Warren Co., Dec. T., 1906, No. 52, on verdict for plaintiff in case of Anthony Muntz v. Clarence W. Whitcomb. Ejectment for thirty-eight acres of land in Corydon township. Before Lindsey, P. J. At the trial it appeared that the defendant, Clarence W. Whitcomb, on June 16,1902, executed and delivered a deed for the land in question, to the plaintiff, Anthony Muntz. Whit-comb had an interest in the land under a deed dated January 21, 1889, from Charles Whitcomb and wife, his parents, to himself. Defendant’s mother survived her…
1Opinion of the Court
Opinion by
Henderson, J.,
A large part of the argument on behalf of the appellant is in support of the proposition that the instrument offered in evi*557dence by the plaintiff from Charles Whitcomb and Laura J. Whitcomb, his wife, to the defendant dated January 21,1889, is not a deed for the conveyance of land, but a will, and that not having been proved as a will it did not transfer the title to the land therein described from the said Charles Whitcomb and wife to the defendant. This position is said to be supported by the line of cases holding that whatever the form of the instrument may be if it…
2Cases cited9 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Turner v. ScottSupreme Court of Pennsylvania · 1867
- Dart v. DartSupreme Court of Connecticut · 1828
- Harrison's EstateSupreme Court of Pennsylvania · 1900
- Sweetzer v. AtterburySupreme Court of Pennsylvania · 1882
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3Cited by6 opinions
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- Knoll v. HartSupreme Court of Pennsylvania · 1932
- Kelly v. KellySuperior Court of Pennsylvania · 1912
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