Dawson v. M'Gill
Supreme Court of Pennsylvania
An action of ejectment was brought in this Court by Shadraeh Dawson against Michael M‘Gill, to recover an undivided fifth part of a certain lot of ground situate in the Northern Liberties of the city of Philadelphia. The case was tried before Rogers, J., at a Court of Nisi Prius held at Philadelphia in February, 1838. Both parties claimed under one Joseph Fricker, who died intestate, leaving five children, viz. John, Nicholas, Catharine, Elizabeth and George.
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An action of ejectment was brought in this Court by Shadraeh Dawson against Michael M‘Gill, to recover an undivided fifth part of a certain lot of ground situate in the Northern Liberties of the city of Philadelphia. The case was tried before Rogers, J., at a Court of Nisi Prius held at Philadelphia in February, 1838. Both parties claimed under one Joseph Fricker, who died intestate, leaving five children, viz. John, Nicholas, Catharine, Elizabeth and George. A judgment having been obtained against George Fricker, his undivided fifth part of the premises was taken in execution and sold by the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J. —
The paper executed by George Flicker evidently did not pass the title. Though containing potent words of present transfer, as'well as a formal clause of habendum, it was obviously intended for a memorandum, for it has the immethodicalness of one. By the name of a more formal assignment, he reserved the execution of the conveyance till the monéy-should be paid; for what would have been the value of the arrangement to him, if the title had passed in the mean' time 1 The writing in Coleman v. Stouffer, (1 Yeates, 393,).;which, with the…
2Cases cited2 opinions
- Lessee of Stouffer v. ColemanSupreme Court of Pennsylvania · 1794
- Hare v. FurySupreme Court of Pennsylvania · 1800
3Cited by7 opinions
- Cook v. NicholasSupreme Court of Pennsylvania · 1841
- Carman v. BeamSupreme Court of Pennsylvania · 1879
- Crecium v. McCannSuperior Court of Pennsylvania · 1949
- Means v. Presbyterian ChurchSupreme Court of Pennsylvania · 1846
- Commonwealth v. ChambreSupreme Court of Pennsylvania · 1794
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