McGibbeny v. Burmaster
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. Ejectment by Joseph McGibbeny against Preston Burmaster for forty perches of land.
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Error to the Court of Common Pleas of Allegheny county. Ejectment by Joseph McGibbeny against Preston Burmaster for forty perches of land. The writ was issued to December Term 1865. The legal title was in the plaintiff; the defendant claimed under a parol sale to him from the plaintiff, and in order to sustain his defence, proved by a surveyor that at the request of the defendant he had surveyed the lot; that the plaintiff came- there shortly after he had commenced, pointed out his lines and shdwed where to run the boundary between him and the defendant. Both plaintiff and defendant…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The evidence in this case to take it out of the Statute of Frauds and Perjuries was clearly sufficient to satisfy the conscience of a chancellor, and therefore to be submitted to the jury. About the time of the taking of possession by the defendant, the plaintiff declared that he had sold the property to the defendant, giving reasons why it was advantageous to him to sell it. The defendant their erected buildings and improved the property, at an expense far beyond the value of the land itself. The quarter acre bought by defendant was cut off…
2Cited by2 opinions
- Holt v. McWilliamsSuperior Court of Pennsylvania · 1902
- Nesbitt v. TarbrakeSuperior Court of Pennsylvania · 1906