Koons v. Steele
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Luzerne county. This was an ejectment by John Koons against Stephen Steele, Lydia Steele, Polly Steele, and George Behee. The plaintiff claimed as assignee of a mortgage of Jacob Steele, and claimed to recover, in order to enforce the payment of the money payable under it. The ejectment was for 100 acres of land in Luzerne county.
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Error to tbe Common Pleas of Luzerne county. This was an ejectment by John Koons against Stephen Steele, Lydia Steele, Polly Steele, and George Behee. The plaintiff claimed as assignee of a mortgage of Jacob Steele, and claimed to recover, in order to enforce the payment of the money payable under it. The ejectment was for 100 acres of land in Luzerne county. It was brought 5th April, 1845. The plaintiff deduced title from the Commonwealth, regularly into David Cumming, by warrant and survey in 1772, and patent in 1773; gave in evidence the will of Cumming, empowering his executors to sell.…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
At the time of Jacob Steele’s purchase of the land, in 1817, from George M. Cumming, the latter held an indefeasible title by warrant, survey, and patent, and there had been no adverse possession by Steele or others for the period required by law to give title to a trespasser. The contract of purchase and sale of 1817, and the entry and survey in 1818, for the purpose of locating and ascertaining the boundaries of the tract to be conveyed, were, in equity, a conversion of the land into money; and, from thenceforth, Cumming held the title as a…
2Cases cited2 opinions
- Gore v. StevensCourt of Appeals of Kentucky · 1833
- Rankin v. TenbrookSupreme Court of Pennsylvania · 1836
3Cited by4 opinions
- Lehigh Coal & Navigation Co. v. EvansSupreme Court of Pennsylvania · 1896
- Koppers Co. v. Brunswick Corp.Superior Court of Pennsylvania · 1973
- Edwards v. WoodruffSuperior Court of Pennsylvania · 1904
- Costello v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1948