Van Amringe v. Morton
Supreme Court of Pennsylvania
IN ERROR. Error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by Henry Van Amringe against William Morton, for a messuage and lot of ground, situate in the city of Philadelphia.
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IN ERROR. Error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by Henry Van Amringe against William Morton, for a messuage and lot of ground, situate in the city of Philadelphia. On the trial before Stroud, J., on the 6th of February, 1837, the plaintiff gave in evidence a deed from Levi Ellmaker to William Morton, in fee, dated the 15th of April, 1833, conveying the premises; a deed from William Morton to Thomas Glenn, in fee, dated September 20th, 1834, for the same; and a deed from Thomas Glenn to Henry Van Amringe, in…
1Opinion of the Court
*387The opinion of the Court was delivered by
Rogers, J. —
It is one of the essential requisites of a good deed, that it be delivered by the party himself, or his certain attorney. A deed takes effect from this tradition or delivery; and if it wants delivery, it is void ab initio. 2 Bl. Com. 308. 1 Shep. T. 57. The evidence tended to show, that the deed of Morton to Glenn, under which the plaintiff claimed title, was never delivered either by Morton or his authorised attorney. “ Delivery is either actual, i. e. by doing something and saying nothing; or, also verbal, i. e. by saying something and…
2Cases cited1 opinion
- Price v. JunkinSupreme Court of Pennsylvania · 1835
3Cited by15 opinions
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- Smith v. South Royalton BankSupreme Court of Vermont · 1859
- Lee v. . ParkerSupreme Court of North Carolina · 1916
- Blight v. SchenckSupreme Court of Pennsylvania · 1849
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