Lewis v. Merryman
Supreme Court of Pennsylvania
Appeal, No. 179, Jan. T., 1921, by defendants, from order of C. P. Centre Co., May T., 1915, No. 187, entering judgment for plaintiffs n. o. y., in case of George Lewis et al. v. Mollie Merry-man, devisee, and J. T. Merryman, Executor of Benjamin Crain, deceased. Ejectment. Tfie opinion of the Supreme Court states the facts. Verdict for defendants. Subsequently the court entered judgment for plaintiffs n. o. v. Defendants appealed.
Read the full summary
Appeal, No. 179, Jan. T., 1921, by defendants, from order of C. P. Centre Co., May T., 1915, No. 187, entering judgment for plaintiffs n. o. y., in case of George Lewis et al. v. Mollie Merry-man, devisee, and J. T. Merryman, Executor of Benjamin Crain, deceased. Ejectment. Tfie opinion of the Supreme Court states the facts. Verdict for defendants. Subsequently the court entered judgment for plaintiffs n. o. v. Defendants appealed. Error assigned, among others, was judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Defendants’ entire case turns on the sufficiency of the evidence to overcome the presumption of delivery attaching to a recorded deed. It is admitted a deed, absolute on its face, without reservation or restriction, was executed, acknowledged and recorded in Centre County eighteen years ago. Plaintiffs’ decedent was grantee therein, while defendants claimed through the will of grantor. Delivery is a matter of intention to pass title. It may be accomplished by words alone, by acts or by words and acts. To be sufficient in law it must be found grantor has parted…
2Cases cited15 opinions
- Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
- Ingles v. InglesSupreme Court of Pennsylvania · 1892
- Smith v. MarklandSupreme Court of Pennsylvania · 1909
- Clauer v. ClauerSuperior Court of Pennsylvania · 1903
- Kanawell v. MillerSupreme Court of Pennsylvania · 1918
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City Stores Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1954
- Fiore v. FioreSupreme Court of Pennsylvania · 1961
- In Re: Estate of Plance Appeal of: Plance, J.Supreme Court of Pennsylvania · 2017
- Chambley v. RumbaughSupreme Court of Pennsylvania · 1939
- Cragin's EstateSupreme Court of Pennsylvania · 1922
14 more not listed; retrieve them via the Exa API.