Legal Opinion

Biddle's Executors v. Ash

Supreme Court of Pennsylvania

Decided December 29, 1828PublishedCited by 6 opinions

This was an action of covenant brought in this court upon a sealed instrument, in these words: u This indenture Tripartite made the fifteenth day of March, in the year of our Lord one thousand eight hundred and four, between James .dsh, of the city of Philadelphia, Esquire, of the first part, Rachel Douglas, of the said city,'widow, of the second part, and Charles Biddle of the said city, Esquire, and Charles French of the same place, merchant, of the third part.

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This was an action of covenant brought in this court upon a sealed instrument, in these words: u This indenture Tripartite made the fifteenth day of March, in the year of our Lord one thousand eight hundred and four, between James .dsh, of the city of Philadelphia, Esquire, of the first part, Rachel Douglas, of the said city,'widow, of the second part, and Charles Biddle of the said city, Esquire, and Charles French of the same place, merchant, of the third part. Whereas the said Rachel Douglas is seised to her and her heirs for ever, of the following real estate in the city of Philadelphia,…

1Opinion of the Court

The opinion of the'court was delivered by

Gibson, C. J.

It is conceded, that this is not a case of accident or mistake, calling for the intervention of a chancellor to reform the instrument; but one purely of construction. At law, it is the case of a contract executed, and passing nothing but real estate, actually *87in the grantor at the time of the delivery; and it can be turned into an agreement in equity, only to subserve some clear and indisputable intention inconsistent with the legal effect of the instrument. Here that effect is to pass nothing; for nothing, as regards the Vine Street…

2Cases cited1 opinion

  1. Evans v. CommonwealthSupreme Court of Pennsylvania · 1816

3Cited by6 opinions

  1. United States v. BurkhartCourt of Appeals for the Tenth Circuit · 2010
  2. United States v. HoyleCourt of Appeals for the Tenth Circuit · 2014
  3. Barbara Farris v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1985
  4. Emily L. S. v. Frank Bisignano, Commissioner of Social SecurityDistrict Court, N.D. Illinois · 2026
  5. Landers v. SaulDistrict Court, D. Maryland · 2021

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