Taylor v. Mitchell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1878, No. 235. Ejectment by Carson W. Taylor, by his guardian, William S. Taylor, against Robert Mitchell, John Carson, John R. McEadden and William H. Carson, for the individual fourth part of a lot of ground in the city of Allegheny. The lot in dispute was conveyed to Wm. Carson, in fee, by Stephen Caldwell and wife by their deed, dated September 26th 1841, and the said Wm.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1878, No. 235. Ejectment by Carson W. Taylor, by his guardian, William S. Taylor, against Robert Mitchell, John Carson, John R. McEadden and William H. Carson, for the individual fourth part of a lot of ground in the city of Allegheny. The lot in dispute was conveyed to Wm. Carson, in fee, by Stephen Caldwell and wife by their deed, dated September 26th 1841, and the said Wm. Carson being in possession of the same until his death in the year 1871, died, seised in fee simple of said lot, leaving issue…
1Opinion of the CourtJustice Trunkey
William Carson s deed, dated 5th August 1862, is so far from being testamentary that it contains his covenant not to devise his real estate. The sole question is, whether that covenant shall prevail against his will. A valuable consideration is set forth, namely, a conveyance, for the benefit of said William, by John Carson and Nancy McFadden, of their title and interest in a tract of land which they inherited from their mother; and, for that, said William covenanted, “ that I shall not, nor will I by deed, mortgage, sale, judgment, devise or otherwise, prejudice or interfere with the rights…
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- Soffee v. HallSupreme Court of Pennsylvania · 1954
- Van Meter v. NorrisSupreme Court of Pennsylvania · 1935
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