Winpenny v. Winpenny
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia comity: Of July Term 1879, No. 25. Ejectment by Bolton Winpenny, surviving trustee under the will of John Winpenny, deceased, against Joseph Winpenny, to recover a house and lot in Manayunk.
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Error to the Court of Common Pleas, No. 3, of Philadelphia comity: Of July Term 1879, No. 25. Ejectment by Bolton Winpenny, surviving trustee under the will of John Winpenny, deceased, against Joseph Winpenny, to recover a house and lot in Manayunk. John Winpenny died in 1858, leaving a will which was proved February 25th 1858. Plaintiff, who claimed under the will, alleged that defendant was in possession as tenant of his father, while defendant claimed to own the land by virtue of a parol sale from his father. The defendant put in evidence the record of a former action of ejectment brought…
1Opinion of the CourtJustice Gordon
By the present plaintiffs, against the same defendant and for the same property, an action of ejectment was instituted, in the year 1869, in the former District Court, which resulted in a verdict and judgment for the defendant. In that suit, Joseph Winpenny claimed, as he does in the present one, the premises in dispute, under and by virtue of a parol contract with his father, John Winpenny. The substance of the terms of that contract was as *442follows: the father owed the son some five hundred dollars, and in payment thereof agreed to sell and make him, the son, a deed for the property in…
2Cases cited1 opinion
- Seitzinger v. RidgwaySupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Lukens v. Wharton Avenue Baptist ChurchSupreme Court of Pennsylvania · 1929
- Brown v. BaileySupreme Court of Pennsylvania · 1893
- Dutton's EstateSupreme Court of Pennsylvania · 1904
- Manzer v. WycoffSuperior Court of Pennsylvania · 1922