Sprague v. Woods
Supreme Court of Pennsylvania
This was a writ of error to the District Court of Allegheny county, where an action of ejectment was brought by Samuel Sprague against John Woods, for 30 acres of land in Reserve township. The plaintiff’s claim was founded on his possession.
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This was a writ of error to the District Court of Allegheny county, where an action of ejectment was brought by Samuel Sprague against John Woods, for 30 acres of land in Reserve township. The plaintiff’s claim was founded on his possession. The defendant gave in evidence a patent to himself, dated 28th of March 1814, including the premises in dispute, and the following deed from himself and wife to the plaintiff: “ This indenture, made the 2d day of February 1818, between John Woods of Ross township, county of Allegheny and State of Pennsylvania, and Sarah his wife, of the one part, and…
1Opinion of the Court
■ The opinion of the Court -was delivered by
Sergeant, J.
— The English learning on the subject of the conveyances on which a use may or may not be raised, has been, for the most part, inapplicable in Pennsylvania since the passage of the Act of Assembly of the 28 th of May 1715, if not for a prior period. By the 4th section of that Act, ail deeds and conveyancés, whatever be their forms, when they are duly recorded, have the same force and effect for giving seisin and possession as deeds of feoffment with livery of seisin or deeds enrolled in any of the courts of Westminster. By a feoffment…
2Cases cited2 opinions
- M'Kee's Leffee v. PfoutSupreme Court of the United States · 1798
- Dunwoodie v. ReedSupreme Court of Pennsylvania · 1817
3Cited by1 opinion
- Horton v. SledgeSupreme Court of Alabama · 1856