Legal Opinion

Boggs v. Varner

Supreme Court of Pennsylvania

Decided September 15, 1843PublishedCited by 19 opinions

ERROR to the District Court of Allegheny county. Win. L. Boggs and others, heirs of Wm. Boggs, deceased, against James Varner and others. This was an action of ejectment for part of a lot of ground in the city of Pittsburgh. The plaintiffs deduced their title from John Irwin, under whom the defendant also claimed. John Irwin conveyed to John Boggs, reserving a ground rent of $50 a year.

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ERROR to the District Court of Allegheny county. Win. L. Boggs and others, heirs of Wm. Boggs, deceased, against James Varner and others. This was an action of ejectment for part of a lot of ground in the city of Pittsburgh. The plaintiffs deduced their title from John Irwin, under whom the defendant also claimed. John Irwin conveyed to John Boggs, reserving a ground rent of $50 a year. John Boggs sold by a parol sale for §500, to William Boggs, the plaintiffs’ ancestor, who entered into and continued his possession until 1822, when he went down the Ohio, taking his family with him, but…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

The plaintiffs, who are the children and heirs of William Boggs, deduce their title from John Irwin, who, it is conceded, was at one time the owner of the property. Irwin conveyed to John Boggs a fee simple, reserving a ground rent of $50 a year. John Boggs sold the lot to his brother William Boggs by a parol sale for five or six hundred dollars, and William Boggs, in pursuance of the contract, entered into possession of the premises and continued in possession until the spring of the year 1822, when he went down the river, taking his family…

2Cases cited1 opinion

  1. Cresson v. MillerSupreme Court of Pennsylvania · 1834

3Cited by19 opinions

  1. Kerr v. DaySupreme Court of Pennsylvania · 1850
  2. Center v. P. & M. BankSupreme Court of Alabama · 1853
  3. Kauffman & Runge v. RobeyTexas Supreme Court · 1883
  4. Sabella, D. v. Appalachian Development Corp.Superior Court of Pennsylvania · 2014
  5. Dickey v. LyonSupreme Court of Iowa · 1865

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