Brickell & Hite v. Earley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Elk county: Of July Term 1886, No. 115. Ejectment by W. B. Brickell and P. Y. Hite against C. R. Earley for the undivided two thirds of forty one lots of land situate in the townships of Benzinger and Fox in the county of Elk. Plea, not guilty. The following are the facts of the case as they appeared on the trial before Mayer, P. J.: The plaintiffs and defendant were tenants in common of a number of tracts of land.
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Error to the Court of Common Pleas of Elk county: Of July Term 1886, No. 115. Ejectment by W. B. Brickell and P. Y. Hite against C. R. Earley for the undivided two thirds of forty one lots of land situate in the townships of Benzinger and Fox in the county of Elk. Plea, not guilty. The following are the facts of the case as they appeared on the trial before Mayer, P. J.: The plaintiffs and defendant were tenants in common of a number of tracts of land. Out of these lands former owners had conveyed to other parties, the lands described in the praecipe in this action, and these lands now sued…
1Opinion of the CourtJustice Gordon
Admittedly the plaintiffs have no title to the lands in dispute unless they succeed in establishing a resulting trust arising from the fraud of Dr. Earlejr, the defendant. Whilst the plaintiffs and defendant were tenants in common as to several tracts of land, yet, as to the lots in dispute, they were not such, for these lots were expressly excepted out of the conveyances to them, so that nothing can be predicated of that relation in favor of the contention of the plaintiffs. As to these lots, either of the parties was at liberty to act for himself; he might buy one or all of them at…
2Cases cited4 opinions
- Lewis v. RobinsonSupreme Court of Pennsylvania · 1840
- Kirkpatrick v. MathiotSupreme Court of Pennsylvania · 1842
- Appeal of CrossSupreme Court of Pennsylvania · 1881
- Blyholder v. GilsonSupreme Court of Pennsylvania · 1851
3Cited by5 opinions
- Moore v. BrysonCourt of Appeals of North Carolina · 1971
- Morrow v. MatthewIdaho Supreme Court · 1904
- In Re Estate of TrbovichSupreme Court of Pennsylvania · 1980
- Moore v. BrysonCourt of Appeals of North Carolina · 1971
- Moore v. BrysonCourt of Appeals of North Carolina · 1971