Legal Opinion

Blight v. Schenck

Supreme Court of Pennsylvania

Decided May 3, 1849PublishedCited by 14 opinions

Certificate from the Nisi Prius. April 19, 20, — James and Thomas Darraeh, were tenants in common of certain land in Manayunk. In 1834, Thomas Darraeh assigned his estate to Blight and Y. L. Bradford, in trust for his creditors. The present action was an ejectment by the assignee. The defendant showed a deed from Y. L. Bradford (by his attorney Thomas Bradford) and Blight, assignees of Thomas Darraeh, conveying the property to James Darraeh.

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Certificate from the Nisi Prius. April 19, 20, — James and Thomas Darraeh, were tenants in common of certain land in Manayunk. In 1834, Thomas Darraeh assigned his estate to Blight and Y. L. Bradford, in trust for his creditors. The present action was an ejectment by the assignee. The defendant showed a deed from Y. L. Bradford (by his attorney Thomas Bradford) and Blight, assignees of Thomas Darraeh, conveying the property to James Darraeh. This deed was duly acknowledged the day after its date in 1836, and recorded. One of the subscribing witnesses was the alderman who took the…

1Opinion of the Court

Ro&ers, J.

In Souverbey v. Arden, 1 J. C. R. 240, it is ruled, that the declarations of the intention or understanding of a grantor, different from the intent apparent on the face of the deed or of conditions annexed to it, to be effectual, must be made atj^he time of executing it. That if, at the time of executing a deed, there was no delivery or intention to deliver — these are facts which should be explicitly proved by the grantor. If, therefore, the acts and declarations of Mr. Bradford, at the time of the execution and acknowledgment of the deed, amounted to a delivery, his subsequent…

2Cases cited3 opinions

  1. Van Amringe v. MortonSupreme Court of Pennsylvania · 1839
  2. Markley v. SwartzlanderSupreme Court of Pennsylvania · 1844
  3. Pratt v. HolmanSupreme Court of Vermont · 1844

3Cited by14 opinions

  1. Rynier EstateSupreme Court of Pennsylvania · 1943
  2. Pronzato v. GuerrinaSupreme Court of Pennsylvania · 1960
  3. Chambley v. RumbaughSupreme Court of Pennsylvania · 1939
  4. Cragin's EstateSupreme Court of Pennsylvania · 1922
  5. Ingles v. InglesSupreme Court of Pennsylvania · 1892

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