Legal Opinion

Weaver v. Wible

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 19 opinions

Error to the Common Pleas of Westmoreland county. This was an ejectment to recover a lot of ground, in which the following facts appeared: Abraham Horbach was the owner in fee of the land in dispute, which he conveyed by deed to Susannah Weaver, on 11th December, 1848, for the consideration of $200. Abraham Weaver, the husband of Susannah, in his lifetime, from 1840 till the time it is alleged he bought from Horbach by parol, had possession of the land in dispute as the…

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Error to the Common Pleas of Westmoreland county. This was an ejectment to recover a lot of ground, in which the following facts appeared: Abraham Horbach was the owner in fee of the land in dispute, which he conveyed by deed to Susannah Weaver, on 11th December, 1848, for the consideration of $200. Abraham Weaver, the husband of Susannah, in his lifetime, from 1840 till the time it is alleged he bought from Horbach by parol, had possession of the land in dispute as the tenant of Horbach, and continued that possession till his death in 1846. About 1844 or 1845, he erected on the land a brick…

1Opinion of the Court

The opinion of the Court was delivered by

Lewis, C. J.

Community of interest produces community of duty. On this ground a release to one joint tenant shall enure to the benefit of both: Littleton, § 307. A conveyance to one of several tenants in common, or a deed to one of two devisees of the same land, shall enure to the benefit of all who came in under the same title, and are holding jointly or in common: Vanhorn v. Fonda, 5 Johns. Ch. R. 409; Legget v. Bechtel, cited in 1 Pa. Rep. 440; Smiley v. Dixon, 1 Pa. Rep. 439; 2 Barr 467; 2 W. & Ser. 27. Where several persons have a joint or common…

2Cases cited1 opinion

  1. Van Horne v. FondaNew York Court of Chancery · 1821

3Cited by19 opinions

  1. Lund v. HeinrichSupreme Court of Pennsylvania · 1963
  2. Stimson v. StimsonSupreme Court of Pennsylvania · 1942
  3. Powell v. LantzySupreme Court of Pennsylvania · 1896
  4. Arthur v. CoyneSupreme Court of Oklahoma · 1912
  5. Raker v. G. C. Murphy Co.Supreme Court of Pennsylvania · 1948

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