Morrison v. Beirer
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Westmoreland county. John Beirer against Robert Morrison. This was an action of ejectment for about half an acre of ground. The plaintiff gave evidence as follows: Jacob Steelsmith sworn. I know the land in. dispute. Question by Mr. Foster: — Who lived on the land, of which this was part, in 1803? Objected to by defendant; objection overruled by the court, and exception by defendant.
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ERROR to the Common Pleas of Westmoreland county. John Beirer against Robert Morrison. This was an action of ejectment for about half an acre of ground. The plaintiff gave evidence as follows: Jacob Steelsmith sworn. I know the land in. dispute. Question by Mr. Foster: — Who lived on the land, of which this was part, in 1803? Objected to by defendant; objection overruled by the court, and exception by defendant. I know the lines of the tract, and have known them thirty-five years. Altman owned the adjoining tract; the original line is a marked line; Daniel Williams died in possession of this…
1Opinion of the Court
The opinion of the. Court was delivered by
Gibson, C. J.
It is plain that the deed executed by Williams and Altman did not pass the legal title, not only because there was no party to receive it, but because there was no valuable consideration to make it a bargain and sale. On the other hand, it is just as plain that it operated between those who sealed it, as a declaration of trust, leaving the title to rest where it was before. No form of words is necessary to constitute such a declaration, it being sufficient that an intention to create a trust is clear. It may be created by means analogous…
2Cited by5 opinions
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- Price v. MaxwellSupreme Court of Pennsylvania · 1857
- Kirk v. KingSupreme Court of Pennsylvania · 1846
- McLain v. School DirectorsSupreme Court of Pennsylvania · 1866
- Kalbach's EstatePennsylvania Orphans' Court, Berks County · 1927