Bigley v. Jones
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October Term 1886, No. 76. Ejectment by E. P. Jones, trustee of the Smithfield Savings Bank, against Peter Bigley and Sarah Bigley for a lot of land in Penn township, Allegheny county. Plea, not guilty. The facts of the case as they appeared on the trial sufficiently appear in the opinion of the Supreme Court.
Read the full summary
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October Term 1886, No. 76. Ejectment by E. P. Jones, trustee of the Smithfield Savings Bank, against Peter Bigley and Sarah Bigley for a lot of land in Penn township, Allegheny county. Plea, not guilty. The facts of the case as they appeared on the trial sufficiently appear in the opinion of the Supreme Court. The following is the general charge of the court, White, J.: As intimated to counsel, I desired to get the verdict of the jury on the question of fact, whether actual notice of Mrs. Bigley’s claim-to the one-fifth was…
1Opinion of the Court
Mr. Justice Clabk:
delivered the opinion of the court,
In this case, binding instructions were given to the jury to find for the plaintiff; this being so, we must assume that the evidence adduced by the defendants is true; we must also assume the truth of every fact which may be fairly inferred therefrom.
Sarah Bigley testifies in substance, that prior to the sale of her father’s estate under the order of the court in partition, on the 25th January, 1866, she had a distinct understanding, or agreement with her husband to this effect: that if he became the purchaser of the property, she would…
2Cases cited2 opinions
- Bracken v. MillerSupreme Court of Pennsylvania · 1842
- Reed v. DickeySupreme Court of Pennsylvania · 1834
3Cited by14 opinions
- Gates v. KeichlineSupreme Court of Pennsylvania · 1925
- Leahey v. O'ConnorSupreme Court of Pennsylvania · 1924
- Culver v. GrahamWyoming Supreme Court · 1889
- Butler v. ButlerSupreme Court of Pennsylvania · 1954
- Byers v. FernerSupreme Court of Pennsylvania · 1907
9 more not listed; retrieve them via the Exa API.