Calder v. Chapman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wayne county. This was an action of ejectment by Abner Chapman against Alexander Calder, William C. Marshall and Walker Marshall, for a tract of about 30 acres of land.
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Error to the Court of Common Pleas of Wayne county. This was an action of ejectment by Abner Chapman against Alexander Calder, William C. Marshall and Walker Marshall, for a tract of about 30 acres of land. Israel Chapman and Alexander Calder being the joint owners of a large tract of land, made partition, and Chapman conveyed to Calder the one-half, “ excepting from and out of the above described premises the undivided two-thirds part of the ‘Factory Lot.’” Subsequently, under proceedings in partition, Chapman acquired title to the whole “Factory Lot.” Afterwards, November 1st 1853, Calder…
1Opinion of the Court
The opinion of the court was delivered, October 17th 1866, by
Read, J.
At the time Alexander Calder executed the mortgage to William C. Marshall and Walker Marshall of the 30 acres called the “ Factory Lot,” included in the boundaries of a larger piece of land embraced in the mortgage, the mortgagor had no title or estate of any kind in the said “ Factory Lot.” The mortgage was dated November 1st 1853, and recorded on the 3d.
At the time of the execution, Israel Chapman was the undisputed owner of the 30 acres, and he died in July 1854; and Abner Chapman, who was one of the sons of Israel, with…
2Cases cited1 opinion
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
3Cited by8 opinions
- London v. KingsleySupreme Court of Pennsylvania · 1951
- Phillips Et Ux. v. TetznerSupreme Court of Pennsylvania · 1947
- Miners Sav. Bk. of Pittston v. Tracy Et Ux.Supreme Court of Pennsylvania · 1937
- Bowen v. A. R. Boyd Enterprises, Inc.Supreme Court of Pennsylvania · 1937
- Leeser v. KibortAppellate Court of Illinois · 1927
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