Huss v. Morris
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crreene county: No. 114, to October and November Term 1869. This was an action of ejectment, commenced March 16th 1866, by Eleanor A. Iiuss and others, children of Andrew Lantz, Jr., deceased, against Elijah Morris and others, for the undivided fifth part of a tract of 430 acres of land. Both parties claimed title under Andrew Lantz, Sr., deceased.
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Error to the Court of Common Pleas of Crreene county: No. 114, to October and November Term 1869. This was an action of ejectment, commenced March 16th 1866, by Eleanor A. Iiuss and others, children of Andrew Lantz, Jr., deceased, against Elijah Morris and others, for the undivided fifth part of a tract of 430 acres of land. Both parties claimed title under Andrew Lantz, Sr., deceased. On the trial, February 18th 1869, before Gilmore, P. J., it was proved for the plaintiffs that they were grandchildren of Andrew Lantz, Sr., and were all born in his lifetime. The plaintiffs gave in evidence a…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Sharswood, J. —
It is the well-settled law of this state that the mistake of a scrivener in preparing a deed or other writing, may be shown by parol evidence, and the instrument reformed accordingly. It is but an exercise of the equity powers inherent in all our courts, from the earliest days of the province. Many of the cases are complicated with fraud either at the time of the execution of the writing or in subsequently setting it up contrary to the agreement and understanding of the parties. The cases are too numerous to cite, but I…
2Cases cited4 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Jack v. DoughertySupreme Court of Pennsylvania · 1834
- Strawbridge v. CartledgeSupreme Court of Pennsylvania · 1844
- Gower v. SternerSupreme Court of Pennsylvania · 1837
3Cited by11 opinions
- La Rocca TrustSupreme Court of Pennsylvania · 1963
- Duncan TrustSupreme Court of Pennsylvania · 1967
- Radnor Building & Loan Ass'n v. ScottSupreme Court of Pennsylvania · 1923
- Bokoch v. NoonSupreme Court of Pennsylvania · 1966
- Gross Const. Co. v. HalesSupreme Court of Oklahoma · 1912
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