Cook v. Nicholas
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Luzerne county. Henry Nicholas and wife, Walter Smirall and wife, and Lyman Barney and wife, against Stephen Cook. This was an action of ejectment for fifty acres of land. • The plaintiffs were the heirs of Thomas Mattison, who died 24th of December 1815. Before, and at the time of his death, he was in possession of the premises in dispute.
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ERROR to the Common Pleas of Luzerne county. Henry Nicholas and wife, Walter Smirall and wife, and Lyman Barney and wife, against Stephen Cook. This was an action of ejectment for fifty acres of land. • The plaintiffs were the heirs of Thomas Mattison, who died 24th of December 1815. Before, and at the time of his death, he was in possession of the premises in dispute. At his death he left a widow, now the wife of Stephen Cook, the defendant, and the three daughters named wfith their husbands as plaintiffs, in possession of and residing upon the land. About the time of his marriage with the…
1Per curiam
There is no substance in the assignment of errors, and we notice the case particularly, only because it presents an opportunity to supply what was omitted in Dawson v. M’Gill, (4 Whart. 230) by stating, as the subject has been mentioned during the argument, that a plaintiff in ejectment shall not *29be allowed to give evidence of mesne profits, unless he shall give notice of it in time for preparation to encounter it. No notice was given here, and the matter passed without objection; hereafter the practice will be different.
Judgment affirmed.
2Cases cited1 opinion
- Dawson v. M'GillSupreme Court of Pennsylvania · 1839
3Cited by13 opinions
- Martin v. JacksonSupreme Court of Pennsylvania · 1856
- Cadwalader v. AppSupreme Court of Pennsylvania · 1876
- Bannon v. BrandonSupreme Court of Pennsylvania · 1859
- Alexander v. ShalalaSupreme Court of Pennsylvania · 1910
- Grubb v. GrubbSupreme Court of Pennsylvania · 1873
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