Legal Opinion

Hannah v. Swarner

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 9 opinions

ERROR to the common pleas of Perry county. Sarah Hannah against William Swarner. Ejectment for a tract of land. “ The jury found the following special verdict, upon which the parties agree, that the court shall render a judgment, with leave to either party to sue out a writ of error without oath or bail.

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ERROR to the common pleas of Perry county. Sarah Hannah against William Swarner. Ejectment for a tract of land. “ The jury found the following special verdict, upon which the parties agree, that the court shall render a judgment, with leave to either party to sue out a writ of error without oath or bail. “On the 6th of April 1815, Joseph Smith died, having first, on the 6th of March 1815, made his last will and testament, by which he directs his executor to sell all his estate, real and personal, and out of the purchase-money to pay certain legacies to his five children and one grandchild. On…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

No such facts are found as amount to a delivery in law. It is said in Viner’s Abridgment, Faits I, 7:—“ If a man make an obligation to two, and deliver it to one of them only, and say nothing of the other on the livery, the deed is void as to him;” for which he cites the Year Book, 3 H. 6, 19. So in Hungate’s case, 5 Rep. 103, an action was not maintained on'a bond to perform an award, if made and delivered to the defendants by such a day, on proof that it was delivered to one of them and not to the other. In the verdict before us, no more…

2Cases cited1 opinion

  1. Smith v. Bank of WashingtonSupreme Court of Pennsylvania · 1819

3Cited by9 opinions

  1. Hibberd v. SmithCalifornia Supreme Court · 1885
  2. Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
  3. Rynier EstateSupreme Court of Pennsylvania · 1943
  4. Webb v. WebbSupreme Court of Iowa · 1905
  5. Chambley v. RumbaughSupreme Court of Pennsylvania · 1939

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