Legal Opinion

M'Williams v. Nisly

Supreme Court of Pennsylvania

Decided September 30, 1816PublishedCited by 8 opinions

In Error. ERROR to the Common Pleas of Franklin county. Ejectment for land in Franklin county, brought by McWilliams and others children of James M'Williams, deceased, in which the following facts were given in evidence in the Court below, and agreed to be considered as found by special verdict. i . The title to the lands in question was in William Gass, who by his indenture, dated 24th May, 1775, conveyed the same to James McWilliams, the father of the lessors of the…

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In Error. ERROR to the Common Pleas of Franklin county. Ejectment for land in Franklin county, brought by McWilliams and others children of James M'Williams, deceased, in which the following facts were given in evidence in the Court below, and agreed to be considered as found by special verdict. i . The title to the lands in question was in William Gass, who by his indenture, dated 24th May, 1775, conveyed the same to James McWilliams, the father of the lessors of the plaintiffs. This indenture made between the said William Gass and Mary his wife, and James McWilliams recited, that “ in £t…

1Opinion of the Court

Tilghman C. J.

This case depends upon the construction of a deed from William Gass, and wife to James McWilliams, -deceased, father of the plaintiffs. Gass was grandfather of the plaintiffs; being the father of their mother, Mary, (the *512wife of the said James M-Williams,) who was his only child.' ' The deed being in consideration, as well of the natural love and affection which the grantors bore to their son-in-law, as of five shillings lawful money, may well operate as a deed of bargain and sale, by which the legal estate in fee simple, may be vested in the grantee. But .although a fee simple…

2Cited by8 opinions

  1. Mandlebaum v. McDonellMichigan Supreme Court · 1874
  2. Schermerhorn v. NegusCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Manierre v. WellingSupreme Court of Rhode Island · 1911
  4. Bogy v. ShoabSupreme Court of Missouri · 1850
  5. Shaw v. GalbraithSupreme Court of Pennsylvania · 1847

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