Davis v. Martin
Superior Court of Pennsylvania
Appeal, No. 24, Jan. T., 1898, by plaintiff, from judgment of C. P. Luzerne Co., Dee. T., 1888, No. 302, on verdict for defendant. Ejectment. Before Woodward, P. J. Tbe facts sufficiently appear in tbe opinion of tbe court.
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Appeal, No. 24, Jan. T., 1898, by plaintiff, from judgment of C. P. Luzerne Co., Dee. T., 1888, No. 302, on verdict for defendant. Ejectment. Before Woodward, P. J. Tbe facts sufficiently appear in tbe opinion of tbe court. The court below certified that the interest in the land in controversy is less than $1,000. The court below charged the jury as follows: [This is an action of ejectment brought by John Davis against Patrick Martin to recover possession of a piece of land situated in the Fourteenth ward, city of Wilkes-Barre. On the 12th of May, 1846, Joseph Davis was owner of this…
1Opinion of the Court
Opinion by
Smith, J.,
The lot in suit was part of a larger tract formerly owned by Joseph Davis. By a deed dated May 12, 1846, he conveyed, in general terms, all his lands situated in the townships of Hanover and Wilkes-Barre, as well as all his personal property and choses in action, to his brother John Davis, his heirs and assigns; John to take immediate possession, “subject nevertheless, and on this express condition, reservation and limitation : that he, the said John Davis, his heirs and assigns, out of the said property and out of his own property and means, provide me in all time to…
2Cases cited5 opinions
- Dreisbach v. SerfassSupreme Court of Pennsylvania · 1889
- Williams v. BentleySupreme Court of Pennsylvania · 1856
- Ringrose v. RingroseSupreme Court of Pennsylvania · 1895
- Ogden v. BrownSupreme Court of Pennsylvania · 1859
- Fritz v. MengesSupreme Court of Pennsylvania · 1897
3Cited by7 opinions
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- Shook v. Bergstrasser Et Ux.Supreme Court of Pennsylvania · 1946
- Hess v. JonesSupreme Court of Pennsylvania · 1939
- Swartz v. HaferSupreme Court of Pennsylvania · 1946
- Borys v. Halko Et Ux.Superior Court of Pennsylvania · 1936
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