Legal Opinion

Hancock v. McAvoy

Supreme Court of Pennsylvania

Decided October 3, 1892No. Appeal, No. 132PublishedCited by 12 opinions

Appeal, No. 132, Jan. T., 1891, by plaintiff, Geo. W. Hancock, from judgment of C. P. No. 4, Phila. Co.. Oct. T., 1888, No. 341, on verdict for defendant, Thos. B. McAvoy. Ejectment for cemetery lots. The facts appear by the opinion of the Supreme Court. The court below, Arnold, J., directed a verdict for defendant. Errors assigned are immaterial in view of the decision.

1Opinion of the Court

Opinion by

Mr. Justice Sterrett,

As well stated by appellant in the opening sentence of his argument, “ The question first presented for decision is, whether the interest conveyed, under the original deed of Tilford to Lisle, is such an interest in land as will support an action of ejectment.”

The thing conveyed by the deed referred to, as the same is described therein, is “ the exclusive and entire right of interment or sepulture in all and every of those two hundred burial lots in the Philadelphia Cemetery, situate,” etc., “ marked in the map or plan of said cemetery with the numbers 5, 9,”…

2Cases cited4 opinions

  1. Craig v. First Presbyterian ChurchSupreme Court of Pennsylvania · 1879
  2. Funk v. HaldemanSupreme Court of Pennsylvania · 1867
  3. Kincaid's AppealSupreme Court of Pennsylvania · 1870
  4. Union Petroleum Co. v. Bliven Petroleum Co.Supreme Court of Pennsylvania · 1872

3Cited by12 opinions

  1. Anderson v. AchesonSupreme Court of Iowa · 1907
  2. Mansker v. AstoriaOregon Supreme Court · 1921
  3. Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
  4. Bell Telephone Co. v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1944
  5. Borough of Summerhill v. SherbineSuperior Court of Pennsylvania · 1926

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