Lessee of Dinkle v. Marshall
Supreme Court of Pennsylvania
THIS was an ejectment for eighty-five acres of arable and eighty-five acres of woodland in the county of York, which was tried .before Brackenridge J. at a Circuit Court for that county in May 1809'. The lessor of the plaintiff by deed dated the 30th of October 1773 from One Thomas Fairley, became the proprietor two of tracts of land, one containing 148 acres 37 perches, which Fairley held under an application of the 27th of March 1769 and a survey of the 26th of September…
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THIS was an ejectment for eighty-five acres of arable and eighty-five acres of woodland in the county of York, which was tried .before Brackenridge J. at a Circuit Court for that county in May 1809'. The lessor of the plaintiff by deed dated the 30th of October 1773 from One Thomas Fairley, became the proprietor two of tracts of land, one containing 148 acres 37 perches, which Fairley held under an application of the 27th of March 1769 and a survey of the 26th of September following, the other, án adjoining tract, containing about eighty-one and a half acres, which Fairley claimed by…
1Opinion of the Court
Tilghman C. J.
This case turns upon the propriety of admitting parol evidence, with respect to the deed from the plaintiff to Andrew Finley. That deed was for the conveyance of land not accurately described. The description was by quantity, by reference to another deed, and by reference to adjoining lands. The grantor, apprehensive that the grantee might take an advantage of him, said to him in presence of witnesses, just before the execution of the deed, “ Finleyy “ I sell to you none but the improvement right land.” Finley replied “ That’s all I want, I bought no other, you may exe- “ cute…
2Cited by8 opinions
- Durland v. PitcairnIndiana Supreme Court · 1875
- Harris v. Doe, on the Demise of BarnettIndiana Supreme Court · 1837
- Oliver ex rel. Rowland v. OliverSupreme Court of Pennsylvania · 1833
- Peacher v. StraussMississippi Supreme Court · 1872
- United States v. MertzSupreme Court of Pennsylvania · 1834
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