Legal Opinion

Smith v. Webster

Supreme Court of Pennsylvania

Decided September 15, 1834PublishedCited by 10 opinions

ERROR to the common pleas of Berner county. This was an action of ejectment, brought by the heirs of Isaac Lee Webster against Thomas Smith and others, to recover a tract of land containing three hundred and fifty acres.

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ERROR to the common pleas of Berner county. This was an action of ejectment, brought by the heirs of Isaac Lee Webster against Thomas Smith and others, to recover a tract of land containing three hundred and fifty acres. The plaintiffs gave in evidence a warrant, dated the 18th of February 1785, to Joseph Gilfillan, a survey in pursuance of the warrant on the 15th of July 1785, and a patent to John Lee Webster, in whom the warrant title became vested, as appears from the following recital in the patent, to wit, “ which said tract of land was surveyed in pursuance of a warrant dated the 18th…

1Opinion of the Court

The opinion of the Court-was delivered by

Kennedy, J.

The first error assigned in this case is, that the court erred in directing the jury that the recitals contained in the *482patent from the commonwealth, of the releases from Amos Loney and Francis Holland were sufficient evidence of their existence. Unquestionably these recitals would have been evidence against the commonwealth, as also all persons deriving title from her subsequently to the date of the patent; and the court below seem to have viewed the matter in this light, for they refer to the case of Penrose v. Griffith, 4 Binn. 231, to…

2Cases cited1 opinion

  1. Penrose v. GriffithSupreme Court of Pennsylvania · 1811

3Cited by10 opinions

  1. Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
  2. Brown v. MetzSupreme Court of Pennsylvania · 1836
  3. Lauer v. LeeSupreme Court of Pennsylvania · 1862
  4. Devling v. WilliamsonSupreme Court of Pennsylvania · 1840
  5. Jackson v. McGinnessSupreme Court of Pennsylvania · 1850

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