Clark v. Trindle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county. This was an action of ejectment, commenced April 2d 1863, by Elizabeth I. Trindle and Samuel B. Doyle against Mary Ann Clark, for two undivided sixths of a tract of 61 acres of land. The plaintiffs were a child and grandchild of Elizabeth Clark, deceased, and the defendant the widow of Samuel, a son.
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Error to the Court of Common Pleas of Franklin county. This was an action of ejectment, commenced April 2d 1863, by Elizabeth I. Trindle and Samuel B. Doyle against Mary Ann Clark, for two undivided sixths of a tract of 61 acres of land. The plaintiffs were a child and grandchild of Elizabeth Clark, deceased, and the defendant the widow of Samuel, a son. The legal title of the tract was in Elizabeth Clark, by virtue of a sheriff’s deed to her dated April 10th 1837. She lived on it until her death in January 1846: the rest of her family were with her, Samuel being much away from home as a…
1Opinion of the Court
The opinion of the court was delivered, June 25th 1866, by
Thompson, J.
The main question to be determined in this ease is,, whether the court below were right in their answer to the plaintiffs’ 1st point, which reads as follows:—
“ If there was a resulting trust in favour of Samuel Clark at all, it began in 1837, at the date of the deed from Sheriff Burns to Elizabeth Clark. And Samuel Clark at that time being under no disability, and having lived more than two years after the passage of the Act of 1856, without having asserted the trust in the manner required by the act, he is barred by the…
2Cases cited1 opinion
- McDonald v. ToddSupreme Court of Pennsylvania · 1852
3Cited by19 opinions
- Allardice v. McCainSupreme Court of Pennsylvania · 1953
- Christy v. ChristySupreme Court of Pennsylvania · 1946
- Waltimyer v. SmithSupreme Court of Pennsylvania · 1989
- Keck v. VandykeSupreme Court of Pennsylvania · 1928
- Watkins v. WatkinsSuperior Court of Pennsylvania · 2001
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