Zane v. Kennedy
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. —, to January Term 1873. This was an action of ejectment, brought April 26th 1856, by John Zane and Maria Antoinette Zane against Sybella S. Kennedy, Herbert M. Kennedy and Amelia T. Kennedy, for a lot of land in Moyamensing township, Philadelphia, marked in the plan as “ Grarlick Hall,” containing 3 acres 136 perches.
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Error to the District Court of Philadelphia: No. —, to January Term 1873. This was an action of ejectment, brought April 26th 1856, by John Zane and Maria Antoinette Zane against Sybella S. Kennedy, Herbert M. Kennedy and Amelia T. Kennedy, for a lot of land in Moyamensing township, Philadelphia, marked in the plan as “ Grarlick Hall,” containing 3 acres 136 perches. The land, with other tracts, having been the property of Mrs. Zane, had been conveyed by herself and husband, the other plaintiff, to William L. Hirst, Esq., in trust; it had been subsequently mortgaged, and sold by the sheriff…
1Opinion of the Court
The opinion of the court was delivered, March 6th 1873, by
Sharswood, J.
The only question which appears to have been raised on the trial of this case in the court below was, whether the power of sale which by the deed of trust of February 28th 1832, John Zane and wife to William L. Hirst, was vested in the trustee, was duly exercised by the conveyance of January 30th 1841, by William L. Hirst and Maria Antoinette Zane to Anthony M. Zane. It may be conceded, that if the evidence offered — the rejection of which forms the fourth error assigned — had been admitted, it would have proved that the…
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