James v. Letzler
Supreme Court of Pennsylvania
EJECTMENT in this court for a house and lot at the corner of Race and Front streets, in the city of Philadelphia, by William James and Sarah Ann his wife, in right of the said Sarah Ann, against Henry Letzler and John Leavitt, tried before Mr Justice Kennedy at Nisi Prius, in February 1843, and a verdict rendered for the defendants.
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EJECTMENT in this court for a house and lot at the corner of Race and Front streets, in the city of Philadelphia, by William James and Sarah Ann his wife, in right of the said Sarah Ann, against Henry Letzler and John Leavitt, tried before Mr Justice Kennedy at Nisi Prius, in February 1843, and a verdict rendered for the defendants. The plaintiffs claimed under James Parrock, by title existing in him prior to the year 1778. The defendants claimed under a conveyance from the Supreme Executive Council of Pennsylvania, as the property of Parrock, an attainted traitor. The only question was…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The general rule is that a recital of a fact or conveyance in a deed is evidence against the grantor and all persons claiming by title derived from him subsequently, but is not evidence against a stranger or other person who claims by title derived from the grantor before the -deed containing such recital. Penrose v. Griffith, (4 Binn. 231); Garwood v. Dennis, (4 Binn. 327); Morris v. Vanderen, (1 Dall. 67). This rule applies, however, only to recent conveyances, for there is an exception to it in the case of an ancient deed containing a…
2Cases cited4 opinions
- Morris's Lessee v. VanderenSupreme Court of the United States · 1782
- Penrose v. GriffithSupreme Court of Pennsylvania · 1811
- Doe ex dem. Clinton v. CampbellNew York Supreme Court · 1813
- Doe ex dem. Clinton v. PhelpsNew York Supreme Court · 1812
3Cited by6 opinions
- Penrose v. GriffithSupreme Court of Pennsylvania · 1811
- Dougherty v. WelshansSupreme Court of Pennsylvania · 1911
- Garwood v. DennisSupreme Court of Pennsylvania · 1811
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Brock v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1922
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