Jackman v. Ringland
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Washington county. William Jackman against John Ringland. This was an action of ejectment for 100 acres of land, the original title to which was in William Jackman, the father of the plaintiff, under whom both parties claimed.
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ERROR to the Common Pleas of Washington county. William Jackman against John Ringland. This was an action of ejectment for 100 acres of land, the original title to which was in William Jackman, the father of the plaintiff, under whom both parties claimed. The plaintiff was the only son and heir-at-law of William Jack-man, deceased, and gave in evidence a judgment of Jacob Vandergrift against William Jackman and others, entered to March term 1816, upon which executions were issued, and levied upon the land in dispute, which was sold by the sheriff in 1819 to John Ringland, the defendant, for…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— That parol evidence may be received to establish a trust has been repeatedly ruled, but the question is, what is a trust which comes within the principle ? It is confined, as I take it, to those cases of resulting trust which arise from an implication of law, as for example, where the money is paid by one, the property purchased and the title taken in the name of another. In such and similar cases, the legal title is in one, the equitable title in another, and to prevent fraud, the fact of payment may be established by parol evidence.…
2Cases cited5 opinions
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- Kisler v. KislerSupreme Court of Pennsylvania · 1834
- Haines v. O'ConnerSupreme Court of Pennsylvania · 1840
- Fox v. HeffnerSupreme Court of Pennsylvania · 1841
- Ross v. BarkerSupreme Court of Pennsylvania · 1836
3Cited by13 opinions
- Hall v. LivingstonCourt of Chancery of Delaware · 1869
- Kellum v. SmithSupreme Court of Pennsylvania · 1859
- Hansen v. BerthelsenNebraska Supreme Court · 1886
- Barnet v. DoughertySupreme Court of Pennsylvania · 1859
- Bright v. KnightWest Virginia Supreme Court · 1891
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