Phelps v. Benson
Supreme Court of Pennsylvania
Appeal, No. 354, Jan. T., 1893, by William Benson, from judgment of C. P. Erie Co., Sept. T., 1889, No. 16, on verdict for plaintiffs, Sarah Phelps and L. F. Phelps, her husband, et al.-, widow and heirs of James F. Benson, deceased. Ejectment. Before Gunnison, P. J. At the trial it appeared that James F. Benson died intestate on March 15, 1885, seized of the land in controversy. At the time of his death three judgments were liens upon the land.
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Appeal, No. 354, Jan. T., 1893, by William Benson, from judgment of C. P. Erie Co., Sept. T., 1889, No. 16, on verdict for plaintiffs, Sarah Phelps and L. F. Phelps, her husband, et al.-, widow and heirs of James F. Benson, deceased. Ejectment. Before Gunnison, P. J. At the trial it appeared that James F. Benson died intestate on March 15, 1885, seized of the land in controversy. At the time of his death three judgments were liens upon the land. The first one was for $2,072.65, and was held by Wm. Benson; the second one was for $560.58, and was held by Theodore W. Barton; the third ope was…
1Opinion of the Court
Per Curiam,
Plaintiffs’ points for charge, recited in the first four specifications of error, are severally predicated of facts, the truth of which has been conclusively established by the verdict based upon competent and sufficient evidence. That being so, there is no possible escape from the legal conclusions recited in each of said points, respectively, to the effect that the transaction was a fraud upon the owners of the land; that no title passed to the defendant by reason of the sale and the deed made in pursuance thereof; that plaintiffs are not estopped from contesting the validity of…
2Cases cited6 opinions
- Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
- Smull v. JonesSupreme Court of Pennsylvania · 1841
- Jackson v. SummervilleSupreme Court of Pennsylvania · 1850
- Hogg v. WilkinsSupreme Court of Pennsylvania · 1854
- Slingluff v. EckelSupreme Court of Pennsylvania · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Culbertson's EstateSupreme Court of Pennsylvania · 1930
- Gribben v. CarpenterSupreme Court of Pennsylvania · 1936
- Rubinsky v. Kosh, GuardianSupreme Court of Pennsylvania · 1929
- Fenton v. Joki Et Ux. Abel's AppealSupreme Court of Pennsylvania · 1928
- Ives v. CultonCourt of Appeals of Texas · 1917
4 more not listed; retrieve them via the Exa API.