M'Donald v. Campbell
Supreme Court of Pennsylvania
In Error. ' ERROR to the Common Pleas of Westmoreland county, in an ejectment brought, by Mf-Donald and wife against Thomas Campbell, tenant.
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In Error. ' ERROR to the Common Pleas of Westmoreland county, in an ejectment brought, by Mf-Donald and wife against Thomas Campbell, tenant. The plaintiffs in this ejectment in order to süppoft their title, gave in evidence ^location dated 3d April, 1769, in the name of William M'Ketizie,pía.‘á\e.v of M'Donald^) and a survey thereon, 20th October, 178§. The defendant offered evidence of parol declarations made by the said William M'Kenzie in the year 1784, and at sundry'other times-after-wards, “ that he had sold and conveyed the land to a certain. “ John Campbell, and had no right or…
1Opinion of the Court
Tilghman C. J.
(After stating the facts.) The question is not simply, whether the right to a .location may under any circumstances be conveyed by parol: but whether M'Kenzie's declarations are not to be understood to refer to a conveyance • by' writing. For, if the conveyance was by writing, it ought to have been produced or proof made of its loss. Now, it appears to me, that when a man says he has sold and conveyed land, the fair understanding is, that he has conveyed by writing. If the conveyance had not been by writing, he would only have said, that he had sold the land: because the bare…
2Cited by1 opinion
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