City of Philadelphia v. Davis
Supreme Court of Pennsylvania
This was an action of ejectment instituted by the Mayor, Aider-men and Citizens of Philadelphia, against Benjamin Davis, Framjoise Fenelon Vidal, Etienne Girard, John Hemphill and Maria his wife, John Y. Clark and Henrietta his wife, and John Hemphill and Mark Richards, trustees of Caroline Haslam, to recover possession of a lot of ground situate at the north-east corner of Coates’ and John streets, in the district of Spring Garden and County of Philadelphia.
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This was an action of ejectment instituted by the Mayor, Aider-men and Citizens of Philadelphia, against Benjamin Davis, Framjoise Fenelon Vidal, Etienne Girard, John Hemphill and Maria his wife, John Y. Clark and Henrietta his wife, and John Hemphill and Mark Richards, trustees of Caroline Haslam, to recover possession of a lot of ground situate at the north-east corner of Coates’ and John streets, in the district of Spring Garden and County of Philadelphia. The action was tried before Mr. Justice Kennedy, at a Court of Nisi Prius, held at Philadelphia on the 16th of February, 1835, when,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The plaintiffs claim to recover the property in question of the defendants, upon the principle of election. The doctrine of equitable election is founded on the intention of the author of the instrument, which must, as I apprehend, be collected from the face of the instrument itself. When the intention necessary to raise the question of election, is clearly expressed or necessarily implied, the party to whom a benefit is given by the instrument, but claiming a right adverse thereto, may either be compelléd to make his election, or otherwise…
2Cited by8 opinions
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- Hickman's EstateSupreme Court of Pennsylvania · 1932
- Estate of: McFadden, G. Appeal of: Harrison, R.Superior Court of Pennsylvania · 2014
- Shelley's EstateSupreme Court of Pennsylvania · 1926
- Van Dyke's AppealSupreme Court of Pennsylvania · 1869
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