McMinn v. Cummings
Superior Court of Pennsylvania
Appeal, No. 87, Oct. T., 1913, by defendant, from judgment of C. P. Lancaster Co., March T., 1913, No.' 32, on verdict for plaintiff in case of Elizabeth B. McMinn v. Richard Cummings and Christianna Cummings. Ejectment for twenty-acres of land in Eden, formerly Bart township. Before Hassler, J. At the trial it appeared that on June 27, 1848, George Oatman conveyed the land in question to his brother, Zachariah Oatman, but never delivered possession of it.
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Appeal, No. 87, Oct. T., 1913, by defendant, from judgment of C. P. Lancaster Co., March T., 1913, No.' 32, on verdict for plaintiff in case of Elizabeth B. McMinn v. Richard Cummings and Christianna Cummings. Ejectment for twenty-acres of land in Eden, formerly Bart township. Before Hassler, J. At the trial it appeared that on June 27, 1848, George Oatman conveyed the land in question to his brother, Zachariah Oatman, but never delivered possession of it. Zachariah Oatman died in 1901, leaving a will by which he bequeathed the property to Elizabeth B. McMinn. The defendants claimed title by…
1Opinion of the Court
Opinion by
Rice, P. J.,
A vendor, after conveyance and before delivery of possession, is to be regarded as a trustee for the vendee so far as regards the possession, and if he wishes to change the character of the possession he must manifest his intention by some act of hostility to .the title of his vendee, plainly indicating to the latter the intention to deny his right and to hold adversely to it. The law was so declared in Olwine v. Holman, 23 Pa. 279, in recognition of the principle announced in Buckholder v. Sigler, 7 W. & S. 154, and the rule has been followed and applied in later cases:…
2Cases cited8 opinions
- Ingles v. InglesSupreme Court of Pennsylvania · 1892
- Olwine v. HolmanSupreme Court of Pennsylvania · 1854
- Buckholder v. SiglerSupreme Court of Pennsylvania · 1844
- Connor v. BellSupreme Court of Pennsylvania · 1893
- Milnes v. VanGilderSupreme Court of Pennsylvania · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Siple v. GreumelliSupreme Court of Pennsylvania · 1947
- Mickey v. HardinSuperior Court of Pennsylvania · 1922
- Brobst v. Davis, Pennsylvania Court of Common Pleas, Schuylkill County1929