Legal Opinion

Turner v. Reynolds

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 20 opinions

Error to the Common Pleas of Luzerne county. This was an action of ejectment by William O. Reynolds and Jane his wife, against Samuel 0-. Turner and Samuel Wadhams, for three acres of land in Plymouth, Luzerne county, being part of lot No. 49, called “ New Holland.” The plaintiffs claimed under John Smith. The title to lot No. 49, containing 121 acres, was shown to be out of the Commonwealth, but was not proved to have ever vested in the said John Smith.

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Error to the Common Pleas of Luzerne county. This was an action of ejectment by William O. Reynolds and Jane his wife, against Samuel 0-. Turner and Samuel Wadhams, for three acres of land in Plymouth, Luzerne county, being part of lot No. 49, called “ New Holland.” The plaintiffs claimed under John Smith. The title to lot No. 49, containing 121 acres, was shown to be out of the Commonwealth, but was not proved to have ever vested in the said John Smith. The coal on said lot No. 49 was conveyed to John Smith by two deeds, but it was alleged that title in the grantors to the land was not…

1Opinion of the Court

The opinion of the Court was delivered by

Knox, J.

This was an action of ejectment brought by William C. Reynolds and wife against Samuel Gr. Turner and Samuel Wad-hams, for three acres of land in Plymouth, Luzerne county, part of lot No. 49, called New Holland. The plaintiffs claimed under John Smith, and the defendants under Francis J. Smith, the son of John Smith.

On the trial, the defendants alleged, 1st. That John Smith had no title to the premises in dispute; 2d. That if he had, it passed by a parol gift or contract to his son Francis J.; 3d. That as the action was brought for land, and…

2Cited by20 opinions

  1. Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
  2. Belden & Blake Corp. v. CommonwealthSupreme Court of Pennsylvania · 2009
  3. Sautter v. RowlandSupreme Court of Pennsylvania · 1925
  4. Tolomeo v. Harmony Short Line Motor Transportation Co.Supreme Court of Pennsylvania · 1944
  5. Baker v. Pittsburg, Carnegie & Western RailroadSupreme Court of Pennsylvania · 1908

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