Jones v. Bland
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term, 1885, No. 332. Ejectment by Thomas Jones and Catharine Jones his wife, in right of'the wife; Owen Owens and Grace Owens, his wife, in right of the wife; and David Williams by Thomas. R. Hughes, his guardian, against Jennie Bland, Willis O. Smith, Jennie Smith, and Margaret Brown for No. 125 Wyoming street, Philadelphia. Plea, not guilty.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term, 1885, No. 332. Ejectment by Thomas Jones and Catharine Jones his wife, in right of'the wife; Owen Owens and Grace Owens, his wife, in right of the wife; and David Williams by Thomas. R. Hughes, his guardian, against Jennie Bland, Willis O. Smith, Jennie Smith, and Margaret Brown for No. 125 Wyoming street, Philadelphia. Plea, not guilty. The following are the facts as they appeared on the trial of the case before Ludlow, P. J. In August, 1865, Grace Bland, wife of Aneurin Bland, purchased the premises in…
1Opinion of the CourtJustice Stebkett
While it is undoubtedly true that a plaintiff in ejectment must recover on th,e strength of his own title and not on the weakness of his adversary’s, it is not always necessary for him to commence by proving title out of the Commonwealth, and then to trace each successive transfer down to himself. If, for example, both parties claim under the same person, there is an implied admission of title in him. In like manner, the fact that defendant acquired his possession as tenant of plaintiff warrants a presumption of title in the latter. Again, if *181plaintiff claims by descent, it is sufficient for…
2Cited by6 opinions
- Wilson v. JohnsonSupreme Court of Florida · 1906
- Gassner v. GassnerSupreme Court of Pennsylvania · 1924
- Dunn v. MilanovichSupreme Court of Pennsylvania · 1930
- Citizens Deposit & Trust Co. v. Citizens Deposit & Trust Co.Superior Court of Pennsylvania · 1939
- Tucker v. McMenaminSuperior Court of Pennsylvania · 1912
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