Blyholder v. Gilson
Supreme Court of Pennsylvania
Error to the Common. Pleas of Armstrong county. This was an ejectment brought by William Gilson against George Blyholder, for 213 acres of land. William Gilson, who died in 1808, was seised in fee of the land in dispute. George Blyholder, the defendant in the suit, was the tenant of William and Robert Gilson, the children and heirs of William Gilson, deceased. In 1822, the land was sold for the taxes of 1820 and 1821, to Philip Klingensmith.
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Error to the Common. Pleas of Armstrong county. This was an ejectment brought by William Gilson against George Blyholder, for 213 acres of land. William Gilson, who died in 1808, was seised in fee of the land in dispute. George Blyholder, the defendant in the suit, was the tenant of William and Robert Gilson, the children and heirs of William Gilson, deceased. In 1822, the land was sold for the taxes of 1820 and 1821, to Philip Klingensmith. On the 7th May, 1823, Philip Klingensmith sold the land to Joseph Shoop and John Klingensmith. On the 30th May, 1823, William Gilson, nephew of William…
1Opinion of the Court
The opinion of the Court was delivered, by
Bell, J.
The defendant below, representing the heirs of David Gilson, resists the plaintiff’s claim to recover the land in dispute, altogether upon the ground that his declaration to Shoop and Klingensmith in May, 1833, constitutes him a trustee for his cousins. 'As trustee, it is insisted he is not in a position to set up the bar of the statute of limitations, without first showing air express or implied disclaimer of the trust, known to the cestui que trusts, beyond the period of limitation. And this is true, if the facts proved establish a trust.…
2Cases cited3 opinions
- Kisler v. KislerSupreme Court of Pennsylvania · 1834
- Haines v. O'ConnerSupreme Court of Pennsylvania · 1840
- Sidle v. WaltersSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Floyd v. DuffyWest Virginia Supreme Court · 1910
- Gates v. KeichlineSupreme Court of Pennsylvania · 1925
- Brickell & Hite v. EarleySupreme Court of Pennsylvania · 1887