Irvine v. Campbell
Supreme Court of Pennsylvania
IN ERROR. THIS was an ejectment in the Common Pleas of Venango, by Charles Campbell the plaintiff below. Upon the trial of the cause, the facts were these: An improvement was made in the year 1796 upon the land in question, which lay west of the Allegheny, for the use of * 7 J ° john Field; and a settlement was comnienced at that time virtue of the act of the 3d April 1792, and continued up to 21st January .1802. On that day Field sold to Campbell, J J ■ ■> . J 7 the…
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IN ERROR. THIS was an ejectment in the Common Pleas of Venango, by Charles Campbell the plaintiff below. Upon the trial of the cause, the facts were these: An improvement was made in the year 1796 upon the land in question, which lay west of the Allegheny, for the use of * 7 J ° john Field; and a settlement was comnienced at that time virtue of the act of the 3d April 1792, and continued up to 21st January .1802. On that day Field sold to Campbell, J J ■ ■> . J 7 the purchase money to the Commonwealth not having been paid, and Campbell was of course entitled to a patent, on having an official…
1Opinion of the Court
Tilghman C. J.
After stating the case, delivered his opinion.
It has been decided by this Court that a purchaser at sheriff’s sale is protected by the recording act., against all conveyances not recorded, of which he had no notice. The question will be then, whether the defendant stands in the situation of a purchaser without notice. In examining this point, we must distinguish between the deed from Campbell to Milford, and the other writing executed by Milford on the same paper with the deed. As the plaintiff claims under the deed, and cannot make out his title without it, he is bound to take…
2Cited by9 opinions
- Bear v. WhislerSupreme Court of Pennsylvania · 1838
- Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
- Hiester v. GreenSupreme Court of Pennsylvania · 1864
- Gause v. WileySupreme Court of Pennsylvania · 1818
- Brown v. SimpsonSupreme Court of Pennsylvania · 1834
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