Wharf v. Howell
Supreme Court of Pennsylvania
IN ERROR. THIS was an ejectment in the District Court, for a tnessuage and lot in the city of Philadelphia. The title to the premises in question, was on the 5th of April 1806, in Mary Bell, the wife of Howell, the below, who on that day, in consideration of 200 dollars, executed and delivered to Ann Dolan, an absolute deed of the property in fee simple.
Read the full summary
IN ERROR. THIS was an ejectment in the District Court, for a tnessuage and lot in the city of Philadelphia. The title to the premises in question, was on the 5th of April 1806, in Mary Bell, the wife of Howell, the below, who on that day, in consideration of 200 dollars, executed and delivered to Ann Dolan, an absolute deed of the property in fee simple. At the same time Ann Dolan cuted and delivered to Mary Bell, a. deed of defeasance, conditioned, that if the said Mary, her heirs &c. should within three months from the date, well and truly pay the said Ann, her heirs &c., the sum of 200…
1Opinion of the Court
Tilghman C. J.
after stating the case, delivered his opinion.
The exceptions to the Judge’s charge are, 1st, that he submitted to the jury a matter which was merely a point of law, viz. whether the writings operated as a mortgage or not. 2d. That in the opinion delivered to the jury, he erred in point of law.
1. If the question whether mortgage or not, depended solely on the writings, it would have been purely a matter of law, and ought not to have been left to the jury. But that is not the case. The intention of the parties is to be discovered not only from the writings, but from extraneous…
2Cited by11 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Kerr v. GilmoreSupreme Court of Pennsylvania · 1837
- Friedley v. HamiltonSupreme Court of Pennsylvania · 1827
- Hiester v. MaderiaSupreme Court of Pennsylvania · 1842
6 more not listed; retrieve them via the Exa API.