Hays v. Quay
Supreme Court of Pennsylvania
March 28th 1870. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Qlinton county: No. 66, to January Term 1871. This was an action of ejectment, commenced April 28th 1857, by Sarah Hayes and others against Joseph F. Quay, for a tract of about 50 acres of land.
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March 28th 1870. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Qlinton county: No. 66, to January Term 1871. This was an action of ejectment, commenced April 28th 1857, by Sarah Hayes and others against Joseph F. Quay, for a tract of about 50 acres of land. The legal title of the land was in the defendant; the plaintiffs claimed as heirs of their mother, Elizabeth Hays, a sister of the defendant, and they alleged that he had purchased it with money advanced by his father, Robert Quay, to be held in trust for Mrs.…
1Opinion of the Court
The opinion of the court was delivered,
by Shauswood, J.
It will be entirely unnecessary to examine separately the twelve assignments of error. They all depend upon a single proposition. The corner-stone of the case of the plaintiffs is the assumption that the receipt or acknowledgment of the defendant, dated June 8th 1835, was a valid declaration of trust in writing for the land described in the agreement of February 17th 1834 between him and William Richards. If tljis corner-stone crumbles, with it falls the whole superstructure built upon it. This receipt or acknowledgment is in these words:…
2Cited by1 opinion
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