Ingham v. Crary
Supreme Court of Pennsylvania
Writ of error to the Common Pleas of Luzerne county. This was an action of ejectment brought by Joseph, Ingham in his life time, against Mason Crary, for a house áiid lot in the borough of Wilkesbarre, Nathan Beach was, ón motion, admitted to be a co-defendant, being the landlord Of Masoii Crary.
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Writ of error to the Common Pleas of Luzerne county. This was an action of ejectment brought by Joseph, Ingham in his life time, against Mason Crary, for a house áiid lot in the borough of Wilkesbarre, Nathan Beach was, ón motion, admitted to be a co-defendant, being the landlord Of Masoii Crary. The evidence Of the plaintiff’s title was, 29th May, 1805, patent to Jesse Fell, for five acres and one hundred add fifty-one perches, including the lot in dispute. 3d August, 1805, deed Jesse Fell and wife to Jonas Ingham, for the lot in dispute; 19th July, 1819, deed, Jonas Ingham to Charles…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The plaintiffs claim through a conveyance from . their father to Kinsey, an inhabitant of Jersey, who obtained the legal title for a valuable consideration, as it is alleged, and without notice of the equitable estate of Perry and his wife, which, whatever it may be, is vested, at least for her life, in Beach, one of the defendants. To rebut this allegation of a purchase without notice, it was open to the plaintiffs to show that the title was conveyed to Kinsey on a secret trust to enable the grantor to institute an ejectment in his name,…
2Cases cited1 opinion
- Nash v. GilkesonSupreme Court of Pennsylvania · 1819