Turner v. Scott
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JErie county. This was an action of ejectment to recover a tract of ninety-one acres of land in Erie county, late the estate of John Scott, deceased, under whom both parties claimed.
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Error to the Court of Common Pleas of JErie county. This was an action of ejectment to recover a tract of ninety-one acres of land in Erie county, late the estate of John Scott, deceased, under whom both parties claimed. The titles under which the parties respectively claim, and the facts, are stated in the preceding case of Perry v. Scott, ante p. 119. John W. Scott, the defendant in error, having gone into possession of the land under the judgment in that case, the plaintiffs in error brought an ejectment against him to recover back the possession. The plaintiffs, Parney P. Turner, Anna…
1Opinion of the Court
The opinion of the court was delivered, by
Woodavard, C. J.
The great question in the case, and the only one we shall discuss, is, whether the indenture of 22d November 1849, by John Scott to his son John W. Scott, conveying the farm in dispute, was a deed or a will. Not Avhether the parties called it a deed, nor Avhether it contained the customary words of a deed ; but Avhether, according to the intentions expressed upon the face of the instrument, it can in law have the effect and operation of a deed. This is our question, and it is important to place before our minds, in a very distinct…
2Cited by48 opinions
- Shapley TrustSupreme Court of Pennsylvania · 1945
- Kimmel's EstateSupreme Court of Pennsylvania · 1924
- Pengelly EstateSupreme Court of Pennsylvania · 1953
- Onofrey v. WolliverSupreme Court of Pennsylvania · 1944
- Wolfe's EstateSupreme Court of Pennsylvania · 1925
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