Court : US Supreme Court
hyam's lessee v. edwards - 1 u.s. 1 (1759) u.s. supreme court hyam's lessee v. edwards, 1 u.s. 1 (1759) 1 u.s. 1 (dall.) the lessee of hyam and others v. edwards supreme court of pennsylvania april term, 1759 copy of a deed inrolled in the king's bench in england, proved before the lord mayor of london to be a true one; allowed to be given in evidence to a jury to support a title to lands in this province.* footnotes [ footnote * ] 11 mod. 2 c. 2. [ hyam's lessee v. edwards footnote 1 u.s. 1 (1759) ]
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..... title devise 188. .....
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..... as to the last point it was said, that it was picked up at the bar, and not objected to at the time of tendering the deed; that it did not strictly go to the title, but was only a claim of two old women for their lives, which the jury might take notice of, if they pleased, by lessening the damages. ..... on the trial, in support of bolster's title, the plaintiffs produced a patent to jane batchelor dated 1694, and a deed from one richard tucker ( who had married jane butchelor) to john chambers dated 1685, and deduced a regular title from chambers down to bolster. ..... the plaintiffs acknowledged the defect in the title, in tucker's conveying his wife's estate without her joining in the deed, but insisted on sixty years possesion as giving a good title under the statute of 32 h. 8 c. 2. ..... vendue to the defendant, a house and lot in the city of philadelphia for l 802, and shortly after tendered him a deed for it, which the defendant refused to accept, being advised by council that bolster had no good title to the lot. .....
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..... ralston supreme court of pennsylvania april term, 1773 plaintiff showed a title in himself to the province of pennsylvania, and then rested. ..... defendant having shown title in a third person, as he conceived, moved for a nonsuit, and as authorities cited bath. ..... plaintiff's council insisted to know, whether the defendant had gone through all his evidence; and said that he was not entitled to the opinion of the court till then upon his title in a third person. ..... title eject. .....
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..... possession and occupation ought, upon a question of property, to have the same influence in courts of admiralty, as in courts of common law: it ought to be considered as a good title, and conclusive upon all mankind except the right owner. ..... ' every libel states a title to the thing captured; the title must not only be stated, but it must also be proved. ..... ' and it is asked 'must a regular title be deduced from the first proprietor to the captor, as in case of an ejectment at the common law? ..... such a title is clear of all difficulties in the proof of it; it excludes the necessity of a regular deduction of title from the first proprietor down to the captor; it is disengaged from those entanglements, which result from a variety of possible changes and mutations of the page 2 u.s. ..... ' and 'must common law strictness, in making out titles, be adopted in admiralty courts? ..... ' a title thus traced is a good one, in a court of common law, except in a single case: it is a good title against all the world except the right owner. .....
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..... the plaintiff produced the probate of a will, under the seal of the prerogative court of canterbury in england, to prove title to the lots in question in those under whom he claimed; which probate was not recorded in the office here. ..... the plaintiff offered to prove that certain deeds, necessary to make out his title, were in the hands of, and detained by, the heirs of one israel pemberton, under whom the plaintiff insisted that the defendant was only a lessee; and also to give in evidence sundry letters written by the said ..... in order to prove possession in one under whom the defendant claimed, the defendant offered to read a letter from thomas story dated in 1735, although story himself was no way concerned in the title, to prove that he had the possession for ratcliff meeting in london. ..... in order to prove some facts relative to the title of israel pemberton, the plaintiff called one wilson, who objected to being examined, alledging that what he knew of the matter, came to him in confidence. ..... but for the defendant it was still urged that his title is not to be made out by the plaintiff; that he rests upon his possession; and that till the plaintiff can make out a good title of his own, the defendant's possession is good against him; for the plaintiff must recover upon the strength of his own, and not upon the weakness of the defendant's title. ..... an ejectment is almost the only action for trying the title to lands in this state. .....
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..... said, that he had ruled it in a case at lancaster, that the lessor of the plaintiff shall not be obliged to show his title further back, than from the person who last died seized, first showing the estate to be out of the proprietaries, or the commonwealth. .....
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..... ' 'tis true, the same persons are justices of both courts; but, the title of 'that court where the party shall be indicted,' expressly required by the act, is omitted. .....
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..... his title by law is, 'judge of the admiralty. .....
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