Legal Opinion

Musser v. Hyde

Supreme Court of Pennsylvania

Decided September 15, 1841PublishedCited by 11 opinions

ERROR to the Common Pleas of Jefferson county. This was an ejectment brought by the plaintiffs in error, William Musser and Joseph Howell, against the defendants in error, Joseph S. Hyde, Erasmus Morey, and Jacob Ridgway, to recover 162 acres and 37 perches of land.

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ERROR to the Common Pleas of Jefferson county. This was an ejectment brought by the plaintiffs in error, William Musser and Joseph Howell, against the defendants in error, Joseph S. Hyde, Erasmus Morey, and Jacob Ridgway, to recover 162 acres and 37 perches of land. Both parties derived their claim to the land from Enos Gillis, as whose property it had been sold by the sheriff of the county under judicial process; first to the plaintiffs upon a judgment in debt, sans breve, entered in the Common Pleas of Jefferson county on the 16th of November 1836, against Enos Gillis, in favour of John…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The only question necessary to be determined in this case is, was the parol evidence, which was objected to by the counsel of the plaintiffs, admissible or not ? By the sixth section of the Act of the 18th of March 1775, which is a supplement to the Act of the 28th of May 1715, providing for acknowledging and recording of deeds, every recorder of deeds is required to keep a book, in which he shall immediately make an entry of every deed or writing brought into his office to be recorded, mentioning therein the date, the parties, and the place…

2Cited by11 opinions

  1. Herdic v. YoungSupreme Court of Pennsylvania · 1867
  2. McMicken v. CommonwealthSupreme Court of Pennsylvania · 1868
  3. Meyerhoff v. DanielsSupreme Court of Pennsylvania · 1896
  4. Jones v. National Building Ass'nSupreme Court of Pennsylvania · 1880
  5. Brown v. HenrySupreme Court of Pennsylvania · 1884

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