Freyvogle v. Hughes
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county : No. 1, to October and November Term 1867. This was an action of ejectment to November Term 1865, brought by John Hughes against Anthony Freyvogle, for two lots of land in the city of Pittsburg.
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Error to the District Court of Allegheny county : No. 1, to October and November Term 1867. This was an action of ejectment to November Term 1865, brought by John Hughes against Anthony Freyvogle, for two lots of land in the city of Pittsburg. On the 25th of January 1848, Mary Hughes, by indenture of that date, between herself of the first part, John Hughes (the plaintiff) of the second part, and Ellen Bell, her daughter, of the third part, in consideration of $1 and of natural affection, conveyed the lots in question to John Hughes in fee; “in trust, nevertheless, that the said John Hughes,…
1Opinion of the Court
*230The opinion of the court was delivered, January 7th 1868, by
Strong, J.
The deed of Mary Hughes to John Hughes, dated January 25th 1848, was to him and his heirs in trust for the sale and separate use of Mrs. Bell. The cestui que trust was then a married woman. She subsequently became discovert, and in 1858 married Ereyvogle the plaintiff in error, who since her death remains in possession of the property conveyed, claiming it as tenant by the curtesy. The deed is very peculiar. While it creates a trust, it does not define the extent of the estate conferred upon the cestui que trust. It…
2Cases cited1 opinion
- Hamersley v. SmithSupreme Court of Pennsylvania · 1839
3Cited by2 opinions
- Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
- Shalters v. LaddSupreme Court of Pennsylvania · 1891