Legal Opinion

Moss v. Culver

Supreme Court of Pennsylvania

Decided May 5, 1870PublishedCited by 4 opinions

Error to the Court of Common Pleas of Luzerne county: No. 822, to January Term 1870. This was an action of ejectment for 50 acres of land brought, December 7th 1867, by Benjamin Moss against Wesley Culver. The plaintiff having died pending the suit, Daniel Moss and others, his heirs and devisees, were substituted as plaintiffs. The legal title to the premises was in the plaintiffs. The defendant claimed under a parol exchange between himself and Benjamin Moss.

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Error to the Court of Common Pleas of Luzerne county: No. 822, to January Term 1870. This was an action of ejectment for 50 acres of land brought, December 7th 1867, by Benjamin Moss against Wesley Culver. The plaintiff having died pending the suit, Daniel Moss and others, his heirs and devisees, were substituted as plaintiffs. The legal title to the premises was in the plaintiffs. The defendant claimed under a parol exchange between himself and Benjamin Moss. The case was tried January 11th 1870, before Dana, J. The plaintiffs gave in evidence a deed, dated October 31st 1831, from Isaac…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

— The first and second assignments of error do not conform to the rule requiring the points to be set out in totidem verbis. The 3d and 4th, however, embrace all the material questions in the cause. The contract for the exchange of farms between Benjamin Moss and Wesley Culver was sufficiently proved. The testimony of Joel R. Culver brought the parties face to face, not only in the fact that he was the authorized channel of communication between them, but by actual presence also. The agreement to exchange was direct, positive, express and…

2Cases cited1 opinion

  1. Miles v. MilesSupreme Court of Pennsylvania · 1844

3Cited by4 opinions

  1. Kirk v. Ford Et Ux.Supreme Court of Pennsylvania · 1938
  2. Brown v. BaileySupreme Court of Pennsylvania · 1893
  3. Wilkinson v. BottomsSupreme Court of Alabama · 1911
  4. Funk v. Zoning Hearing Board, Pennsylvania Court of Common Pleas, Lycoming County1983

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