Ash v. Ashton
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Columbia county. This was an action of ejectment brought by Albert B. Ashton and Alfred R. Ashton, by their next friend1 John R. Ashton, and Isaac S. Ashton, John R. Ashton, Samuel R. Ashton and Augustus Ashton against Christian Ash and Jacob Ash, to recover a tract of land containing 247 acres 49 perches.
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ERROR to the Common Pleas of Columbia county. This was an action of ejectment brought by Albert B. Ashton and Alfred R. Ashton, by their next friend1 John R. Ashton, and Isaac S. Ashton, John R. Ashton, Samuel R. Ashton and Augustus Ashton against Christian Ash and Jacob Ash, to recover a tract of land containing 247 acres 49 perches. Both parties derived their respective claims to the land from a warrant in the name of Robert Wilson, dated the 26th of January 1774, a survey made in pursuance thereof, and a patent founded on the same to Alexander Bartram, dated 29th of March 1775, reciting a…
1Opinion of the Court
*513The opinion of the Court was delivered by
Kennedy, J.
In regard to,the first error, it is contended by the counsel for the plaintiffs in error, that the deed of conveyance from the State was inadmissible because no attainder was shown. That it being the duty of Alexander Bartram to surrender himself and take his trial according to the requisition contained in the proclamation, it was therefore to be presumed that he did do so, until the contrary was proved. Such, a presumption, however, would not only be contrary to the rule of láw which makes it incumbent upon the party alleging compliance or…
2Cases cited3 opinions
- Sutton v. NelsonSupreme Court of Pennsylvania · 1823
- Smith v. JenksSupreme Court of Pennsylvania · 1823
- M'Donald v. MausSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Sprecker v. WakeleyWisconsin Supreme Court · 1860
- Breisch v. CoxeSupreme Court of Pennsylvania · 1876
- Myers v. CoonradtSupreme Court of Kansas · 1882
- Bayard v. InglisSupreme Court of Pennsylvania · 1843
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