Flagler v. Pleiss
Supreme Court of Pennsylvania
IN ERROR. Error to the District Court for the city and county of Philadelphia. was plaintiff below in an ejectment against John M. Pleiss to recover four feet of ground, alleged to have been sold to her by him as part of a lot of ground with the messuage thereon erected, at the south east corner of Garden and Callowhill Streets, and fraudulently omitted in the articles of agreement entered into between them on the 20th of May, 1826, and in his deed to her, of the 12th of the…
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IN ERROR. Error to the District Court for the city and county of Philadelphia. was plaintiff below in an ejectment against John M. Pleiss to recover four feet of ground, alleged to have been sold to her by him as part of a lot of ground with the messuage thereon erected, at the south east corner of Garden and Callowhill Streets, and fraudulently omitted in the articles of agreement entered into between them on the 20th of May, 1826, and in his deed to her, of the 12th of the following June. The error assigned • in this court was the rejection, by the court below, of evidence offered for the…
1Opinion of the Court
the opinion of the court, in which the circumstances of the case are sufficiently stated, was delivered by
Gibson, C. J.
This is a plain case. A purchase is made of a lot which at the time, is enclosed. The enclosure contains in depth fifty-one feet,, but the lot without having been measured by the purchaser, is described in the articles as well as in the conveyance, as containing but forty-seven. The purchaser takes possession of all within the enclosure, but the vendor subsequently removes the fence so as to exclude four feet of the original lot, insisting that the purchaser still has all…
2Cited by9 opinions
- Dixon v. White Sewing M. Co., Pennsylvania Court of Common Pleas, Cumberland County1889
- Tyson v. PassmoreSupreme Court of Pennsylvania · 1845
- Commonwealth v. ContnerSupreme Court of Pennsylvania · 1852
- McDonald v. YungbluthU.S. Circuit Court for the District of Southern Ohio · 1891
- Zentmyer v. MittowerSupreme Court of Pennsylvania · 1847
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