Pancake v. Cauffman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Blair county: Of July Term 1885, No. 77. Ejectment for one half of a lot of ground in the city of Altoona, brought by Mary Ann Cauffman against Elizabeth Pancake. Plea, not guilty. The facts as they appeared on the trial before Dean, P. J., sufficiently appear in the opinion of the Supreme Court.
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Error to the Court of Common Pleas of Blair county: Of July Term 1885, No. 77. Ejectment for one half of a lot of ground in the city of Altoona, brought by Mary Ann Cauffman against Elizabeth Pancake. Plea, not guilty. The facts as they appeared on the trial before Dean, P. J., sufficiently appear in the opinion of the Supreme Court. The defendant requested the court to instruct the juiy, inter alia, as follows : 2. The evidence is not sufficient to satisfy a chancellor of the existence of a mortgage, and the evidence, therefore, is not sufficient to be submitted to the jury on that point.…
1Opinion of the CourtJustice Green
This is an extraordinary case. It is an action of ejectment to enforce an alleged equity of redemption, brought by one who had conveyed the fee simple to the land in question by an absolute deed, upon the ground that it was subject to a parol defeasance. The defendant is a purchaser for value from the grantee of the plaintiff. The deed from Mrs. Cauffman, the plaintiff, to Good, her grantee, was made in 1859, and the deed from Good to Mrs. Pancake, the defendant, was made in 1862. After her purchase of the property Mrs. Pancake sent word to the tenant in possession that she had bought it and…
2Cited by7 opinions
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- Burr v. KaseSupreme Court of Pennsylvania · 1895
- Lewis v. BakerSupreme Court of Pennsylvania · 1894
- Beeler v. American Trust Co.California Supreme Court · 1944
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