Bortz v. Bortz
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an action of ejectment, brought May 18th 1860, by John Bortz against Solomon Bortz and Margaret his wife, for sixty acres of land in Salem township.
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Error to the Common Pleas of Westmoreland county. This was an action of ejectment, brought May 18th 1860, by John Bortz against Solomon Bortz and Margaret his wife, for sixty acres of land in Salem township. The plaintiff, who was the owner of the land in controversy, on the 12th of September 1857 entered into the following agreement with Margaret Bortz :— “ Article of agreement made,” &c., “ witnesseth: That the said John Bortz and Eve his wife,.for and in consideration of the sum of $10 to them in hand paid on the first day of January, A. D. 1859, and the further sum of $80 on the first day…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
— We look upon the instrument of writing of the 12th September 1857, between John Bortz and wife and Margaret Bortz, as an executed conveyance. The rule stated in Sherman’s Lessee v. Dill, 4 Yeates 298, and by Sergeant, J., in Kenrick v. Smick, 7 W. & S. 45, and Strong, J., in Ogden v. Brown, 9 Casey 249, is, that from the intention of the parties, as collected from the instrument itself, we must judge whether the writing is an executed conveyance or only executory. Where it is doubtful upon its face, light may be shed upon it by the…
2Cases cited4 opinions
- Cook v. TrimbleSupreme Court of Pennsylvania · 1839
- Kenrick v. SmickSupreme Court of Pennsylvania · 1844
- Gray v. PackerSupreme Court of Pennsylvania · 1842
- Lessee of Shultz v. HahnSupreme Court of Pennsylvania · 1806
3Cited by2 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Phillips v. SwankSupreme Court of Pennsylvania · 1888