Davis v. Monroe
Supreme Court of Pennsylvania
Appeal, No. 193, Jan. T., 1897, by defendant, from judgment of C. P. Potter Co., Sept. T., 1894, No. 221, on verdict for plaintiffs. Ejectment for a tract of land in Bingham township. Before Olmsted, P. J. At the trial it appeared that the land in controversy was known as the flat-iron tract.
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Appeal, No. 193, Jan. T., 1897, by defendant, from judgment of C. P. Potter Co., Sept. T., 1894, No. 221, on verdict for plaintiffs. Ejectment for a tract of land in Bingham township. Before Olmsted, P. J. At the trial it appeared that the land in controversy was known as the flat-iron tract. Defendant claimed that it had been fraudulently included in a deed with other land which he and his wife executed in 1873. Ira Carpenter, the justice of the peace, who took the acknowleclgment of tlie deed in this case, was called as a witness by defendant, to prove “ that Mr. Cobb, the grantee of the…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
The offer of defendant at the trial was not to show that he had acquired title by adverse possession as against bis own deed to Cobb. That would have required proof of acts clearly hostile to Cobb’s title, so as to convey notice to the latter. No sncli acts are claimed here. But the offer was to show that as to the “flat-iron tract,” although it was included in the deed, yet by reason of the fraud the title never passed to Cobh, but remained in the defendant as it had been before. After the deed the appellant, grantor, remained in possession of the land. It is…
2Cases cited1 opinion
- Maul v. RiderSupreme Court of Pennsylvania · 1868
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