Earnest's Appeal
Supreme Court of Pennsylvania
Error to the Court of Common Pleas Nó. 2, of Philadelphia county. In equity: Of January Term, 1884, No. 188. Bill in equity, between John Hill, complainant, and Henry W. Earnest and Mary Ann Earnest his wife, defendants, praying for a decree that the defendants execute a conveyance of the legal title of certain premises to complainant.
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Error to the Court of Common Pleas Nó. 2, of Philadelphia county. In equity: Of January Term, 1884, No. 188. Bill in equity, between John Hill, complainant, and Henry W. Earnest and Mary Ann Earnest his wife, defendants, praying for a decree that the defendants execute a conveyance of the legal title of certain premises to complainant. The bill averred, inter alia, that on May 14, 1862, tlie complainant bought a house and lot, No. 804 South Tenth street, in the city of Philadelphia, for which he paid $4,300, of his own money, and had the deed made in the name of his wife Elizabeth, it being…
1Opinion of the CourtJustice Clark
*318The appellants hold under the deed of Elizabeth Hill; they are intrenched behind, and hold all the muniments of a legal title. From this citadel they cannot be dislodged by any random fire, the attack must be made and maintained by clear and consistent proofs, that although the deed is absolute in form it was otherwise intended in fact. The presumption, that the title is in conformity with the deed, is, as it should be, a strong one, and cannot be overcome, except by satisfactory and clear evidence to the contrary.
The legal title to lands ought not to be exposed to the peril of a successful…
2Cited by39 opinions
- Yeager's EstateSupreme Court of Pennsylvania · 1922
- Werle v. WerleSupreme Court of Pennsylvania · 1938
- Lapayowker v. Lincoln College Preparatory SchoolSupreme Court of Pennsylvania · 1956
- Crosetti's EstateSupreme Court of Pennsylvania · 1905
- Loeffler's EstateSupreme Court of Pennsylvania · 1923
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