Legal Opinion

Rhodes v. Frick

Supreme Court of Pennsylvania

Decided July 15, 1837Published

ERROR to the common pleas of Northumberland county. This was an action of ejectment for one hundred acres of land, by Henry Frick against Joseph Rhodes and Abraham Troxall. Andrew Shoub died seised of a tract of land containing two hundred acres; by his will and an agreement among his heirs, the same became vested in his daughter Mrs Rhodes, the wife of Joseph Rhodes, the defendant; she died leaving an only son, Andrew S. Rhodes.

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ERROR to the common pleas of Northumberland county. This was an action of ejectment for one hundred acres of land, by Henry Frick against Joseph Rhodes and Abraham Troxall. Andrew Shoub died seised of a tract of land containing two hundred acres; by his will and an agreement among his heirs, the same became vested in his daughter Mrs Rhodes, the wife of Joseph Rhodes, the defendant; she died leaving an only son, Andrew S. Rhodes. When Andrew became of age, he conveyed the upper half of the land to-his father Joseph Rhodes, who at the time was tenant by the courtesy of the whole. After this…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

The object of all civilized legislatures, and of all courts, is to do justice between man and man; to prevent an undue advantage by the more skilful or crafty, from causing ruin to the ignorant or unsuspecting. To confine our remarks to the transmission of the title of lands, fr.om one person to another, the mode has not only varied, but at different periods been the reverse of that shortly before in common -use.- Actual delivery of possession in the presence of the neighbours, called livery and seisin, was long the most usual and most…

2Cases cited10 opinions

  1. Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
  2. Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
  3. Alexander v. KerrSupreme Court of Pennsylvania · 1828
  4. Brown v. DysingerSupreme Court of Pennsylvania · 1829
  5. Lessee of Syler v. EckhartSupreme Court of Pennsylvania · 1808

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