Logan v. Gardner
Pennsylvania Court of Common Pleas, Warren County
No. 341 January Term 1890, Sup. Ct.; court below, No. 6 March Term 1888, C. P. On December 1, 1887, Maiy S. Logan brought ejectment against S. A. Gardner and others, for three acres of land in Mead township. The defendants pleaded not guilty.
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No. 341 January Term 1890, Sup. Ct.; court below, No. 6 March Term 1888, C. P. On December 1, 1887, Maiy S. Logan brought ejectment against S. A. Gardner and others, for three acres of land in Mead township. The defendants pleaded not guilty. At the trial on January 9,1890, the following facts were shown : It being admitted that in 1871 the title to the land in dispute was in Lorenz Baldensperger, the plaintiff’s father, the plaintiff, in her case in chief, put in evidence a deed for said land from Lorenz Baldensperger and wife to herself, dated June 1,1871, and duly recorded. At the date of…
1Opinion of the Court
Opinion,
Mjb. Justice Mitchell:
The defence was a deed from plaintiff and her husband, to which the reply was, first, a denial of the making of any deed; and, secondly, infancy at the date of the alleged execution. To this second point, the defence rejoined acts of ratification by estoppel. The cardinal facts, therefore, upon which the jury had to pass, were the execution of the alleged lost deed, the infancy of plaintiff at that time, and the acts of estoppel.
As a married woman, the plaintiff could only pass her title in the statutory mode. A disability imposed by law cannot be set aside or…
2Cases cited17 opinions
- Irvine v. IrvineSupreme Court of the United States · 1870
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- Glidden v. StruplerSupreme Court of Pennsylvania · 1866
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3Cited by14 opinions
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