Phillips v. Swank
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE SULLIVAN COUNTY. No. 62 January Term 1888, Sup. Ct.; court below, No. 61 September Term 1881, C. P. On September 12,1881, an action of ejectment was brought by Henry Swank against Alfred Phillips and Jonathan Phillips, to recover a tract of 248 acres and 48 perches on North Mountain.
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ERROR TO THE COURT OE COMMON PLEAS OE SULLIVAN COUNTY. No. 62 January Term 1888, Sup. Ct.; court below, No. 61 September Term 1881, C. P. On September 12,1881, an action of ejectment was brought by Henry Swank against Alfred Phillips and Jonathan Phillips, to recover a tract of 248 acres and 48 perches on North Mountain. At a second trial on March 4, 1887 (the judgment for the defendants in the first trial having been reversed by this court with v. f. d. n.: Swank v. Phillips, 113 Pa. 482), the plaintiff showed title in David Phillips prior to 1840 and title in himself by purchase from David…
1Opinion of the Court
Opinion,
Mr. Justice Clank:
This .'ejectment was brought to recover the possession of two hundred -and fifty acres of land, more or less, situate on the North Mountain, in Sullivan county. Both parties claim title under David Phillips,- who sometime prior to the • year 1847 became the owner in fee. The plaintiff gave in evidence the record of an agreement for the sale of the land in dispute, by David Phillips to Henry Swank, dated 17th October, 1863, and *83proved the payment of $1,500 in full of the purchase-money. It was further shown, that Swank went into and remained in the possession under…
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