M'Williams v. Martin
Supreme Court of Pennsylvania
IN ERROR. Ejectment, in the District Court for the city and county of .Philadelphia, by Mary M‘ Williams against Elizabeth Martin, to recover one-fourth part of a house and lot in the city of Philadelphia. On the trial, it appeared that the plaintiff having obtained a judgment against John M. Martin, son of the defendant, issued a fieri facias, which was levied upon the premises in question.
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IN ERROR. Ejectment, in the District Court for the city and county of .Philadelphia, by Mary M‘ Williams against Elizabeth Martin, to recover one-fourth part of a house and lot in the city of Philadelphia. On the trial, it appeared that the plaintiff having obtained a judgment against John M. Martin, son of the defendant, issued a fieri facias, which was levied upon the premises in question. They were subsequently condemned and sold by the sheriff, under a venditioni exponas, when they were purchased by the plaintiff. At the time of the sale, the defendant gave notice that the property…
1Opinion of the Court
DüNcaN, J.,
delivered the opinion of the court.
The construction of the deed is mattter of law.
If the record had not informed us to the contrary, I should have supposed it the conveyance of some person, not conversant in conveyancing. But be it drawn by whom it may, clerk or layman, it must receive the same construction. The controversy does not respect words limiting an estate; because they are absolute — to her and her heirs — technical words of limitation and perpetuity.
Words describing the subject of the grant, are very different from words limiting the estate granted; and, except as to…
2Cited by5 opinions
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