Bradley's Lessee v. Bradley
Supreme Court of Pennsylvania
Ejectment, tried in Dauphin county. The lands in question were once, incontestably, the lands of the defendant; for the plaintiff claimed under her.
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Ejectment, tried in Dauphin county. The lands in question were once, incontestably, the lands of the defendant; for the plaintiff claimed under her. The plaintiff set up an immediate title by the will of Samuel Bradley, deceased (the husband of the defendant), who devised the premises to him, the contents of the will being proved by the person who drew it; but in order to prove a title in the devisor, parol evidence was also given that the defendant had previously conveyed to him in fee. To rebut this evidence, proof was produced, that the conveyance in fee was executed merely for the purpose…
1Opinion of the Court
After advisement, The Court were clearly of opinion, that’a new trial ought to be granted.
Rule for a new trial absolute, (a)
In Cluggage v. Swan, 4 Binn. 157, Judge Yeates says, “This case is erroneously reported; I was of counsel with the plaintiff, on the trial, and the late Mr. Bradford, with the defendant. Neither of us took any part in the decision of the motion for a new trial. McKean, Chief Justice, was of opinion, that a new trial should bo granted; but Judge SnippEN thought differently. The plaintiff obtained judgment on his verdict, the court ‘ being divided in opinion,’ and it is…
2Cases cited4 opinions
- Lessee of Cluggage v. SwainSupreme Court of Pennsylvania · 1811
- Hutchinson v. SandtSupreme Court of Pennsylvania · 1833
- White v. WhiteSupreme Court of Pennsylvania · 1835
- Norton & Co. v. Breitenbach, Pennsylvania Court of Common Pleas, Lebanon County1855