Legal Opinion

Vankirk v. Clark

Supreme Court of Pennsylvania

Decided September 11, 1827PublishedCited by 2 opinions

APPEAL. This case came before the court on appeal from the decision of Mr. Justice Tod, at a Circuit Court, held at Pittsburg, in August, 1827. The writ was ejectment for one moiety of a tract of land in Allegheny county, brought by John Vankirh, against Clark and Graham, which the plaintiff Claimed under a sale to him, and his brother, William Vankirh, by the executors of William Sampson, deceased, by articles of agreement, dated the 24th of October, 1811. The defendants…

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APPEAL. This case came before the court on appeal from the decision of Mr. Justice Tod, at a Circuit Court, held at Pittsburg, in August, 1827. The writ was ejectment for one moiety of a tract of land in Allegheny county, brought by John Vankirh, against Clark and Graham, which the plaintiff Claimed under a sale to him, and his brother, William Vankirh, by the executors of William Sampson, deceased, by articles of agreement, dated the 24th of October, 1811. The defendants claimed the whole tract as purchasers under William, alleging, that subsequently to the articles, John co'nveyed his…

1Opinion of the Court

The opinion of the court was delivered by

Duncan, J.

I refer to the judge’s charge fora statement of the facts.

Eight reasons have been assigned by the plaintiff, why a new trial should be granted: on the argument, it appears to me, they have been reduced to three.

1. That the commissioners of Allegheny county had no authority to buy lands; the conveyance to them was, therefore, invalid, and they could transfer no right to Grahamand, if so, then it would be a controversy between John and William Vankirk, in which John having shown an equitable title, would be entitled to recover, unless it…

2Cases cited4 opinions

  1. Ebersoll v. KrugSupreme Court of Pennsylvania · 1811
  2. Irwin v. Commissioners of Northumberland CountySupreme Court of Pennsylvania · 1815
  3. Lyon v. AdamsSupreme Court of Pennsylvania · 1818
  4. Commissioners of Philadelphia County v. SnowdenSupreme Court of Pennsylvania · 1796

3Cited by2 opinions

  1. Rhodes v. FrickSupreme Court of Pennsylvania · 1837
  2. Shanklin v. Board of CommissionersOhio Supreme Court · 1871

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