Webster v. Webster
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county. This was an action of ejectment, commenced January 24th 1865, by Samuel II. Webster and Lucinda I. Clark, heirs of William Webster, deceased, against John Webster, for the undivided seventh part of 50 acres of land. Joseph Webster died in 1836, seised of the whole tract, leaving seven children, of whom the defendant and William Webster, the father of the plaintiffs, were two.
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Error to the Court of Common Pleas of Erie county. This was an action of ejectment, commenced January 24th 1865, by Samuel II. Webster and Lucinda I. Clark, heirs of William Webster, deceased, against John Webster, for the undivided seventh part of 50 acres of land. Joseph Webster died in 1836, seised of the whole tract, leaving seven children, of whom the defendant and William Webster, the father of the plaintiffs, were two. On the 5th of August 1842, William, who resided in Illinois, entered into a contract with his brother John for the sale of his (William’s) interest in the land for…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The legal title to the land in controversy, if in Joseph Webster, Sr., at his death descended to his heirs, and they could unquestionably maintain ejectment upon it, and recover unless prevented by some controlling equity. The defendant set up a contract for the land with the ancestor of the plaintiff; a partial payment of the purchase-money, and long-continued pos*164session under it. This was an equity the court could not disregard, and the moment this appeared to be so, the proceeding assumed the shape of an equity proceeding, 1 Casey 466,…
2Cases cited1 opinion
- Creigh v. ShattoSupreme Court of Pennsylvania · 1845
3Cited by3 opinions
- Bender v. LuckenbachSupreme Court of Pennsylvania · 1894
- Manzer v. WycoffSuperior Court of Pennsylvania · 1922
- Billiard's EstatePennsylvania Orphans' Court, Philadelphia County · 1940