Irwin v. Cooper
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of October and November Term 1879, No. 170. Ejectment brought July 25th 1878, by Samuel L. Cooper, Abraham P. Cooper, John A Cooper and William B. Cooper, heirs and legal representatives of William Cooper, deceased, against James 0. Irwin, for one-third of ninety-six acres of land in French Creek township, Mercer county, Pennsylvania.
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Error to the Court of Common Pleas of Mercer county: Of October and November Term 1879, No. 170. Ejectment brought July 25th 1878, by Samuel L. Cooper, Abraham P. Cooper, John A Cooper and William B. Cooper, heirs and legal representatives of William Cooper, deceased, against James 0. Irwin, for one-third of ninety-six acres of land in French Creek township, Mercer county, Pennsylvania. In 1839 Samuel Cooper, grandfather of plaintiffs, owned this land, and on April 10th 1839, made his last will, which was duly proven and recorded May 21st 1839, in which he made this provision: “I will that…
1Opinion of the CourtJustice Paxson
If*the evidence offered by the defendant below of the parol sale by William Cooper to his brother Abraham Cooper, of the interest of the former in the land in controversy had been in reference to recent events, it may be the court below would have been right in declaring it insufficient, and directing a verdict for the plaintiffs. But time is an important factor in such transactions. Abraham Cooper and those claiming under him, had been in peaceful possession of the property about twenty-seven years before this suit was commenced. It would be unreasonable, after such a lapse of time, to…
2Cited by3 opinions
- Nulton v. NultonSupreme Court of Pennsylvania · 1915
- Enyeart v. Farmers Fire InsuranceSuperior Court of Pennsylvania · 1917
- Reynolds v. Wilson, Pennsylvania Court of Common Pleas, Lawrence County1949