Legal Opinion

Kelly v. Thompson

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 4 opinions

ERROR to the common pleas of Alleghany county. James Kelly against Slewart Thompson and wife, Mary Sampson, John Sampson, David Sampson and William Sampson. The plaintiff sues in partition, claiming one seventh part of a tract of land in common with the defendants, under a conveyance from George Bailey, who claimed under James G. Sampson, one of the heirs at law of-Sampson, deceased.

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ERROR to the common pleas of Alleghany county. James Kelly against Slewart Thompson and wife, Mary Sampson, John Sampson, David Sampson and William Sampson. The plaintiff sues in partition, claiming one seventh part of a tract of land in common with the defendants, under a conveyance from George Bailey, who claimed under James G. Sampson, one of the heirs at law of-Sampson, deceased. The plaintiff produced a deed from James G. Sampson to George Bailey, dated the 16th of October 1834, acknowledged on the same day, and recorded on the 22d of October in the same year; also a deed from George…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

This case presents the consideration of the question that has so repeatedly been a theme of litigation in our courts, *404whether the transaction between these parties is to be considered as a mortgage or as an absolute sale in the first instance, with a subsequent distinct and independent agreement by the vendee, that on repaying him within a limited time the amount of the purchase money and interest he would reconvey the property. If it is the latter, the deed being executed and delivered on the 16th of October 1834 prior to the judgment,…

2Cases cited3 opinions

  1. M'Dowell v. SimpsonSupreme Court of Pennsylvania · 1834
  2. Kerr v. GilmoreSupreme Court of Pennsylvania · 1837
  3. Friedley v. HamiltonSupreme Court of Pennsylvania · 1827

3Cited by4 opinions

  1. Swetland v. SwetlandMichigan Supreme Court · 1855
  2. Knouff v. ThompsonSupreme Court of Pennsylvania · 1851
  3. Miller v. CressonSupreme Court of Pennsylvania · 1843
  4. Burger v. DankelSupreme Court of Pennsylvania · 1882

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