Legal Opinion

Smith v. Hibbs

Supreme Court of Pennsylvania

Decided January 2, 1906No. Appeal, No. 185PublishedCited by 4 opinions

Appeal, No. 185, Oct. T., 1905, by defendant, from judgment of C. P. Greene Co., Sept. T., 1905, No 53, for plaintiff on case stated in suit of William D. Smith y." George L. Plibbs, Joseph E. Barnes and James R. Barnes. Case stated to determine title to real estate. Before CrawEORD, P. J. The facts appear by the opinion of the Supreme Court. The court entered judgment for plaintiff. Error assigned was the judgment of the court.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

This is an action for the purchase money of real estate. The defense set up is that the title tendered is not marketable. The following facts appear in the case stated, and they are all that need be repeated here.

The appellee, William D. Smith, being in possession, and claiming to be the owner of the tract of land which is the subject of the contract of purchase, in September. 1903, began a *203proceeding under the Act of June 10,1893, P. L. 415, to quiet his title to this land; in which proceeding the grantees, in a recorded deed of conveyance for the same premises,…

2Cases cited4 opinions

  1. Delaware & Hudson Canal Co. v. GenetSupreme Court of Pennsylvania · 1895
  2. Ullom v. HughesSupreme Court of Pennsylvania · 1903
  3. Stewart's AppealSupreme Court of Pennsylvania · 1875
  4. Martin v. GravesMassachusetts Supreme Judicial Court · 1863

3Cited by4 opinions

  1. Clark v. ClarkSupreme Court of Pennsylvania · 1917
  2. Kimmel v. ShafferSupreme Court of Pennsylvania · 1908
  3. Liddick v. Louden, Pennsylvania Court of Common Pleas, Perry County1945
  4. Swentzel v. Kline, Pennsylvania Court of Common Pleas, Columbia County1926

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