Gray v. Packer
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Northumberland county. John B. Packer and others, heirs at law of Samuel J. Packer deceased, against William M. Gray. Ejectment for the undivided sixth part of a tract of land. The plaintiffs’ claim was founded upon the following paper: “ Johnston & Gray’s heirs v. Joseph Wallis. Ejectment in the Common Pleas of Northumberland county for 440 acres of land in Shamokin.
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ERROR to the Common Pleas of Northumberland county. John B. Packer and others, heirs at law of Samuel J. Packer deceased, against William M. Gray. Ejectment for the undivided sixth part of a tract of land. The plaintiffs’ claim was founded upon the following paper: “ Johnston & Gray’s heirs v. Joseph Wallis. Ejectment in the Common Pleas of Northumberland county for 440 acres of land in Shamokin. In consideration of the professional services of S. J. Packer, I hereby grant, bargain and sell unto the said Packer, one-sixth part of the said tract, or so much thereof as may be recovered in this…
1Opinion of the Court
The opinion of the Court was delivered by
_Sekgeant, J.
— If the instrument in question were to be con_sidered as an executory agreement to convey, and not as a present conveyance, there still would remain a question whether there are words sufficient to carry the fee, or any circumstances to show that such was the intention of the parties, on the face of the instrument. But I perceive no ground on which it can be considered an executory agreement. It is a direct conveyance of one-sixth of the tract, or so much thereof as may be recovered, without anything farther to be done to vest the legal…
2Cited by5 opinions
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- Bortz v. BortzSupreme Court of Pennsylvania · 1865
- In re Erb & Matter's Estate, Pennsylvania Court of Common Pleas, Dauphin County1856