Shirley v. Shirley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county: Of October and November Term 1868, No. 133. This was an action of ejectment for 180 acres of land in Conemaugh township, commenced January 2d 1865, by John Shirley and Thomas Shirley against Christopher Shirley.
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Error to the Court of Common Pleas of Indiana county: Of October and November Term 1868, No. 133. This was an action of ejectment for 180 acres of land in Conemaugh township, commenced January 2d 1865, by John Shirley and Thomas Shirley against Christopher Shirley. Both parties claimed under Thomas Shirley, Sr. On the trial before Campbell, P. J., of the 18th district, the plaintiffs gave in evidence articles of agreement dated December 21st 1852, between Thomas Shirley, Sr., and the plaintiff, by which “ the said Thomas Shirley, Sr., agrees to give the said John and Thomas Shirley the farm I…
1Opinion of the Court
The opinion of the court was delivered, November 16th 1868, by
Thompson, C. J.
The instrument claimed by the plaintiffs in *272this ejectment to he an executed conveyance by Thomas Shirley, Sr., to them of the land in controversy, during life, has neither form nor substance to give rise even to a suspicion that such was intended to be its effect. It is, in our opinion, simply a contract by which the latter were to farm the land, and furnish Thomas Shirley Sr. and wife with a comfortable maintenance on it during their lives, at their own house on it, and to provide feed, fodder and pasture for his…
2Cited by9 opinions
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- Caldwell v. CaldwellSuperior Court of Pennsylvania · 1904
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