Legal Opinion

Union Burial Ground Society v. Robinson

Supreme Court of Pennsylvania

Decided December 15, 1839PublishedCited by 10 opinions

IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by John Robinson against “ The Union Burial Ground Society of the City and County of Philadelphia.”

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IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by John Robinson against “ The Union Burial Ground Society of the City and County of Philadelphia.” The facts upon which the question in this action arose, are fully set forth in the case which was stated for the opinion of the Court below, as follows : “ It is agreed that the Union Burial Ground Society aforesaid by indenture duly executed and delivered, dated the 29th day of July, a. d. 1828, granted to Joseph Marshall, in fee simple, a…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

From the case, as stated, it appears that in the year 1790, a street, called Washington, of fifty feet in width, was laid out, inter alia, through land, subsequently acquired and owned by the plaintiffs in error, lying in the District of Southwark, by commissioners appointed for that purpose, by an act of the legislature, passed the 29th of September, 1787, (2 Smith’s L. 435.) This street was never opened through the land of the plaintiffs in error; and according to the sixth section of the act, it would seem, could not have been without a…

2Cases cited3 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
  3. In re MayorNew York Supreme Court · 1829

3Cited by10 opinions

  1. Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
  2. Paul v. CarverSupreme Court of Pennsylvania · 1856
  3. Cox v. FreedleySupreme Court of Pennsylvania · 1859
  4. Neely v. PhiladelphiaSupreme Court of Pennsylvania · 1905
  5. Fitzell v. PhiladelphiaSupreme Court of Pennsylvania · 1905

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