Legal Opinion

Jack v. Woods

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 4 opinions

Error to the District Court of Allegheny county. This was an action of ejectment brought by Thomas Woods against Robert and David Jack, to recover the possession of the one undivided fourth part of a tract of land in Mifflin township, Allegheny county, containing 318 acres. The plaintiffs and defendants both claimed under a deed dated 31st October, 1803, from Catharine Thompson to Mary Thompson, for life, with remainder to her son William Irwin Thompson, in fee.

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Error to the District Court of Allegheny county. This was an action of ejectment brought by Thomas Woods against Robert and David Jack, to recover the possession of the one undivided fourth part of a tract of land in Mifflin township, Allegheny county, containing 318 acres. The plaintiffs and defendants both claimed under a deed dated 31st October, 1803, from Catharine Thompson to Mary Thompson, for life, with remainder to her son William Irwin Thompson, in fee. William Irwin Thompson died intestate, and without issue, between the years 1804 and 1806, leaving his mother, the said Mary, and…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, J.

It is the title that descended to Frances Thompson, that is in dispute, both plaintiff and defendant claiming it.

The plaintiff shows a regular conveyance of it to him, and the defendant offers to show a prior conveyance to persons whose title he now holds; but the documents are lost, and he is compelled to resort to secondary evidence.

We may assume that there was an article of agreement between R. C. Thompson and John Neel, by which the former agreed to convey to the latter the whole title, including that of Frances. This is, of course,…

2Cited by4 opinions

  1. Brenner v. LesherSupreme Court of Pennsylvania · 1938
  2. Greenlee v. MosnatSupreme Court of Iowa · 1907
  3. Molloy v. United States Express Co.Superior Court of Pennsylvania · 1903
  4. Anders v. Central RailroadSuperior Court of Pennsylvania · 1902

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