Tuit v. Smith
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF FAYETTE COUNTY. No. 87 July Term 1890, Sup. Ct.; court below, No. 137 June Term 1886, C. P. On April 5,1886, Belford J. Tuit brought ejectment against Laura E. Smith, for a certain house and lot in New Salem. • The defendant pleaded not guilty. At the trial on October 8, 1888, there was a verdict for the plaintiff. Judgment having been entered, on writ of error to No. 374 January Term 1889, Sup.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF FAYETTE COUNTY. No. 87 July Term 1890, Sup. Ct.; court below, No. 137 June Term 1886, C. P. On April 5,1886, Belford J. Tuit brought ejectment against Laura E. Smith, for a certain house and lot in New Salem. • The defendant pleaded not guilty. At the trial on October 8, 1888, there was a verdict for the plaintiff. Judgment having been entered, on writ of error to No. 374 January Term 1889, Sup. Ct., the judgment was reversed and a new venire awarded: Smith v. Tuit, 127 Pa. 341. At a second trial, on December 13,1889, the plaintiff put in…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
Both parties to this action of ejectment claim under Sarah Smith, who purchased the house and lot in controversy in October, 1884, and, in consideration of plaintiff’s agreement to support and maintain her during life, etc., conveyed the same to him by deed dated August 29,1885. The record of that deed, together with plaintiff’s agreement and bond of even date therewith, was given in evidence, and relied on by him as evidence of title and right of possession.
The defendant, on the other hand, relied on a prior contract of a somewhat similar nature, between Mrs.…
2Cases cited1 opinion
- Smith v. TuitSupreme Court of Pennsylvania · 1889
3Cited by6 opinions
- Allen v. BrombergSupreme Court of Alabama · 1909
- Rape v. LyerlySupreme Court of North Carolina · 1975
- Jefferson County Gas Co. v. United Natural Gas Co.Supreme Court of Pennsylvania · 1915
- Heartzog v. BorgelSuperior Court of Pennsylvania · 1898
- Casella v. Valenti, Pennsylvania Court of Common Pleas, Schuylkill County1932
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