Martin v. M'Cord
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. John Martin,, the plaintiff below and plaintiff in error, brought this action of trespass quare clausum fregit against Archibald M’Gord and John Crawford, for breaking and entering a school house, to which the defendants pleaded not guilty and liberum tenementum, and the question is, as to the title.
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ERROR to the common pleas of Alleghany county. John Martin,, the plaintiff below and plaintiff in error, brought this action of trespass quare clausum fregit against Archibald M’Gord and John Crawford, for breaking and entering a school house, to which the defendants pleaded not guilty and liberum tenementum, and the question is, as to the title. The locus in quo is a lot of about half an acre, with a schoolhouse thereon, which was formerly part of a larger tract belonging to Taverner Ross. In the beginning of the year 1830, Ross proposed to Crawford and another of his neighbours, to give…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
This case has been argued in the court below and here, by the plaintiff as if it involved the question how far a parol gift of land was valid under our act of assembly against frauds and perjuries. And were that the question, it was settled in Syler v. Eckart, 1 Binn. 378; that a parol gift of land, accompanied with' delivery of possession, and followed by the making of valuable improvements by the donee, passes a valid title. But the truth is, this is not the case of a gift. Taverner Ross, the owner of this small piece of ground, agreed…
2Cases cited2 opinions
- Lessee of Syler v. EckhartSupreme Court of Pennsylvania · 1808
- Witman v. LexSupreme Court of Pennsylvania · 1827
3Cited by10 opinions
- Domestic & Foreign Missionary Society's AppealSupreme Court of Pennsylvania · 1858
- Burton's AppealSupreme Court of Pennsylvania · 1868
- McKissick v. PickleSupreme Court of Pennsylvania · 1851
- Miller v. PorterSupreme Court of Pennsylvania · 1867
- Zeisweiss v. JamesSupreme Court of Pennsylvania · 1870
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