Lessee of Paxton v. Price
Supreme Court of Pennsylvania
The lessor of the plaintiff claimed under an application filed in the land office, a survey in 1767 and a re-survey in 1786, the expenses of the latter of which he had paid. A deed from divers persons, said to be the children of Charles Sparks, (who entered the application,) to the lessor of the plaintiff for the lands in question, was shewn, dated 23d November 1786, wherein was inserted a covenant that the youngest son should convey, when of full age.
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The lessor of the plaintiff claimed under an application filed in the land office, a survey in 1767 and a re-survey in 1786, the expenses of the latter of which he had paid. A deed from divers persons, said to be the children of Charles Sparks, (who entered the application,) to the lessor of the plaintiff for the lands in question, was shewn, dated 23d November 1786, wherein was inserted a covenant that the youngest son should convey, when of full age. It was objected, that there was not sufficient evidence of the pedigree, and that the plaintiff could not possibly recover the undivided right…
1Opinion of the Court
Per cur.
Recitals in a conveyance áre evidence of pedigree, the rules in general being much relaxed in this particular. Such inchoate rights as applications have been frequently transferred by mere blank indorsements, and on inspection i-t appears that he has executed the deed, though his name is not mentioned in the body thereof. The strict forms of conveyances have not been applied to such imperfect rights; and in the case of improvements, it is well known, that the sale of them has been proved by parol, and that money, horses, cows, &c., have been paid and delivered, as the consideration to…
2Cited by5 opinions
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- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Bowser v. CravenerSupreme Court of Pennsylvania · 1868
- Scharff v. Keener & MullSupreme Court of Pennsylvania · 1870
- Hoover v. LockSupreme Court of Pennsylvania · 1850