Lynch v. Cox
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. A writ of ejectment was issued on 20th November, 1849, in favor of Elizabeth Cox and John Wilde against James Lynch, for a tract of above 86 acres. In July, 1850, the death of Elizabeth Cox was suggested, and William Cox and others, her children (except Henry T. Cox) and their husbands, were substituted.
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Error to the Common Pleas of Chester county. A writ of ejectment was issued on 20th November, 1849, in favor of Elizabeth Cox and John Wilde against James Lynch, for a tract of above 86 acres. In July, 1850, the death of Elizabeth Cox was suggested, and William Cox and others, her children (except Henry T. Cox) and their husbands, were substituted. Elizabeth Cox claimed as sister of John Lynch, and John Wilde was supposed to be the representative of another sister of John Lynch. The original plaintiffs in the action claimed to recover the land as heirs of John Lynch, who died in 1828. The…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
James and John Lynch were cousins, the former having a family and the latter being a bachelor. James, the defendant below, bargained for the property in dispute and paid the purchase-money in 1823, but the conveyance was made to John for no reason which distinctly appears, except from the declaration of John (who wrote the deed himself) that it made no difference, for he was in bad health, and at his death it would be James’s anyhow. James took possession immediately. John lived with him for three months and then removed to a neighbor’s,…
2Cases cited1 opinion
- Lessee of German v. GabbaldSupreme Court of Pennsylvania · 1811
3Cited by13 opinions
- Gerlach EstateSupreme Court of Pennsylvania · 1950
- Gates v. KeichlineSupreme Court of Pennsylvania · 1925
- Keck v. VandykeSupreme Court of Pennsylvania · 1928
- Epstein v. RatkoskySupreme Court of Pennsylvania · 1925
- Casciola v. DonatelliSupreme Court of Pennsylvania · 1907
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