Christy v. Brien
Supreme Court of Pennsylvania
Error to the Common Pleas of Butler county. This was an ejectment to Dec. term, 1842, for five hundred acres of land, brought in the names of Dorothy Brien, Henry Rodgers, and Sarah his wife, late Sarah Brien, against Christy and others. The land was a donation tract drawn by Gen. Edward Hand. He left three children, viz.: Dorothy, Sarah, and Mary; Dorothy intermarried with Edward Brien, and left one child, Sarah, wife of Rodgers, plaintiff in the suit.
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Error to the Common Pleas of Butler county. This was an ejectment to Dec. term, 1842, for five hundred acres of land, brought in the names of Dorothy Brien, Henry Rodgers, and Sarah his wife, late Sarah Brien, against Christy and others. The land was a donation tract drawn by Gen. Edward Hand. He left three children, viz.: Dorothy, Sarah, and Mary; Dorothy intermarried with Edward Brien, and left one child, Sarah, wife of Rodgers, plaintiff in the suit. The plaintiffs below showed title in themselves to one-third of the land in dispute, and the other two-thirds they claimed under a parol…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— A conveyance, unaccordant with the possession, is never presumed from lapse of time; and the plaintiffs have not been in possession. But a fiction, by which equity is enabled to look on things agreed 'to be done as actually done, enabled us when we had not chancery, powers, and still enables us when we have, to sustain an ejectment on an executory agreement; and it is, consequently, unnecessary to presume a conveyance to those who are entitled to have it. For one part of the land, the plaintiffs have brought their action on an equitable…
2Cited by12 opinions
- Kalyvas v. KalyvasSupreme Court of Pennsylvania · 1952
- Kauffman v. KauffmanSupreme Court of Pennsylvania · 1920
- Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Sferra v. UrlingSupreme Court of Pennsylvania · 1937
- Brown, to Use v. Aiken (Forte)Supreme Court of Pennsylvania · 1937
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