Stewart's Administrators v. Lang
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an action of ejectment, brought by Robert Stewart and John Scott, administrators of George Stewart,' against John Lang, to recover a balance of the purchase-money due on a tract of land (described in the writ), under an article of agreement between the deceased and his son, William A. Stewart, dated January 1st 1859. The defendant entered the usual plea of “ not guilty,” and on this issue the cause was tried.
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Error to the Common Pleas of Jefferson county. This was an action of ejectment, brought by Robert Stewart and John Scott, administrators of George Stewart,' against John Lang, to recover a balance of the purchase-money due on a tract of land (described in the writ), under an article of agreement between the deceased and his son, William A. Stewart, dated January 1st 1859. The defendant entered the usual plea of “ not guilty,” and on this issue the cause was tried. A suit had been pending between George Stewart and his son William, which was compromised on the day the agreement was made. The…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— In determining whether the instrument, dated January 1st 1849, was an immediate conveyance, or only an executory contract, we are to look for the intention of the parties, and this is to be sought for in every part of the contract. It contains words of present assurance (“ doth and hath by these presents granted, bargained, sold, and for ever quit claim,” &c.), and these words, doubtless, afford a presumption that an executed conveyance was intended. But that presumption is not conclusive. It may be overcome by the presence in the…
2Cases cited2 opinions
- Lessee of Stouffer v. ColemanSupreme Court of Pennsylvania · 1794
- Stokely v. TroutSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
- MOWRY v. McWherterSupreme Court of Pennsylvania · 1950
- Plott v. KittelsonNorth Dakota Supreme Court · 1929
- Trust Co. v. HodgesSuperior Court of Pennsylvania · 1900
- Bach v. LyonsNorth Dakota Supreme Court · 1919
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