McGinity v. McGinity
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: No. 174, to October and November Term 1869. This was an action of ejectment by Bridget McGinity and others, heirs of Thomas McGinity deceased, against May McGinity and John Crosby for about 94 acres of land in Derry township, Westmoreland county, the legal title to which was in John Mc-Ginity, deceased, the plaintiffs claiming that it was held in trust for their ancestor, Thomas McGinity.
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Error to the Court of Common Pleas of Westmoreland county: No. 174, to October and November Term 1869. This was an action of ejectment by Bridget McGinity and others, heirs of Thomas McGinity deceased, against May McGinity and John Crosby for about 94 acres of land in Derry township, Westmoreland county, the legal title to which was in John Mc-Ginity, deceased, the plaintiffs claiming that it was held in trust for their ancestor, Thomas McGinity. The writ was issued August 13th 1860. Both parties claimed under John Mason. The plaintiffs gave in evidence a deed dated December 6th 1860 from…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Sharswood, J. —
The most important question which arises on this record, the decision of which will dispose of the third, fourth and fifth assignments of error, is, whether there was sufficient evidence either of a resulting trust, or that the deed was a mortgage. Both these things may, no doubt, be proved by oral testimony, but it is equally certain that the evidence ought to be clear, explicit and unequivocal.
If it is true that Thomas McGrinity bought this farm,with four*43teen hundred dollars of his own money, and six hundred dollars…
2Cases cited1 opinion
- Sample v. CoulsonSupreme Court of Pennsylvania · 1845
3Cited by9 opinions
- Wosche v. KraningSupreme Court of Pennsylvania · 1946
- Staib v. HayesSupreme Court of Pennsylvania · 1889
- Robinson v. PowellSupreme Court of Pennsylvania · 1904
- Kraft v. SmithSupreme Court of Pennsylvania · 1887
- Silliman v. HaasSupreme Court of Pennsylvania · 1892
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