Meals v. Brandon
Supreme Court of Pennsylvania
Error, to the Common Pleas of Adams county. This was an action of. ejectment to August term 1849, by William Brandon, executor of the will of Templeton Brandon, deceased, against William Meals, Jr., to recover the possession of 13 acres 115 perches of unenclosed woodland in Huntington township, Adams county, in the possession of William Meals, Jr., the defendant below.
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Error, to the Common Pleas of Adams county. This was an action of. ejectment to August term 1849, by William Brandon, executor of the will of Templeton Brandon, deceased, against William Meals, Jr., to recover the possession of 13 acres 115 perches of unenclosed woodland in Huntington township, Adams county, in the possession of William Meals, Jr., the defendant below. Brandon, the plaintiff below, after showing title out of the commonwealth in David Waltemeyer, claimed the land through Ludwig Waltemeyer, son of David, who died intestate, and on his death this land descended to his son…
1Opinion of the Court
The opinion of the court was delivered May 27, by
Bell, J.
Influenced by the statement of the plaintiff in error’s paper-book, that Waltemeyer and. wife had conveyed the tract in dispute to Norris, I sat down predisposed to discover, if possible, enough in the rejected deed to cover the subject of this controversy, or, at least, to warrant its reference to a jury, under the rules that generality and even looseness of description of the object of a conveyance form no 'objection to it as evidence, and that where there is latent ambiguity of description, creative of doubt in its application, the…
2Cases cited2 opinions
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- Kennedy v. SkeerSupreme Court of Pennsylvania · 1834