Caines v. Lessee of Grant
Supreme Court of Pennsylvania
IN ERROR. THIS was a writ of error to the Common Pleas oí Northumberland,, where judgment had been rendered ’ j e _ in favour of the lessee of Grant, the plaintiff below, upon the following special verdict: “ The jury find, that a warrant issued on the 7th of June 1773, to William M'Murray and George Grant, for acres of land on the north side of Penn’s creek above the Laurelrun, near to, or including the waters of a large run which Thomas Paschall is on, in Buffaloe…
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IN ERROR. THIS was a writ of error to the Common Pleas oí Northumberland,, where judgment had been rendered ’ j e _ in favour of the lessee of Grant, the plaintiff below, upon the following special verdict: “ The jury find, that a warrant issued on the 7th of June 1773, to William M'Murray and George Grant, for acres of land on the north side of Penn’s creek above the Laurelrun, near to, or including the waters of a large run which Thomas Paschall is on, in Buffaloe township, Northumberland county. That a survey of the land in question was made on the 24th of August 1773. That George Grant…
1Opinion of the Court
Tilghman C. J.
The right of survivorship between joint-tenants is frequently unknown to the parties, and bears hard on the heirs of the one who dies first. In modern times it has not been favoured; but where a case falls within the reason of established principles, the courts have never ventured to alter the law. If a patent had been issued to William M'Murray and George Grant, I incline to think, that the circumstance of their having paid the purchase money *120equally, would not have been sufficient to render the estate 'a tenancy in common in equity. Such is the opinion of Lord Hardwicke, in 3…
2Cases cited1 opinion
- Sims Lessee v. IrvineSupreme Court of the United States · 1799
3Cited by5 opinions
- Rowe v. ReamSupreme Court of Pennsylvania · 1884
- Gingrich v. FoltzSupreme Court of Pennsylvania · 1852
- Consolidation Coal Co. v. FriedlineSuperior Court of Pennsylvania · 1938
- Lee v. StanfillCourt of Appeals of Kentucky · 1916
- Dull v. HeathSupreme Court of Pennsylvania · 1847