Brindle v. M'Ilvaine
Supreme Court of Pennsylvania
■In Error. ERROR to the Court of Common Pleas of- Franklin . COUnty* . . , . . Phis was an ejectment for 25 acres of land' in Franklin county, brought against George Brindle and John Brother - ton by.
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■In Error. ERROR to the Court of Common Pleas of- Franklin . COUnty* . . , . . Phis was an ejectment for 25 acres of land' in Franklin county, brought against George Brindle and John Brother - ton by. Elizabeth M’-Ilvaine, the plaintiff below, who having died after the commencement of the action, her- heir and devisee, .Alexander M’-Ilvaine, was substituted in her place, according to the Act of Assembly in'such case provided, Both plaintiff and defendants claimed under Robert Haslet, who was seised in fee of a large tract of land of which the 25 acres in dispute were part. On the 24th March,…
1Opinion of the Court
*348The opinion of the. Court was delivered by
Tilghman, C. J.
As the defendants stand on an équitable, defence, it is not very material whether the deed from Haslet, conveyed the estate of Elizabeth MiIlvaine or not. if there'were no other objection than the form of conveyanee, neither. Mrs. M'Ilvaine, nor, the defendant who claims as,her devisee, would be permitted to take advantage of that’ defect. But there is a more substantial objection^ which, will appear by considering the nature of the contract between Haslet and his-.mother-in-law,: Mrs. M'Ilvaine. Haslet’s deed to her, and her bond to…
2Cited by1 opinion
- Brindle v. M'IlvaineSupreme Court of Pennsylvania · 1823