Huston v. Wickerham
Supreme Court of Pennsylvania
THIS writ of error to the common pleas of Washington county brought up the record of an action of ejectment, in which William Wickherham, trustee of Mary Chess, was plaintiff, and Cyrus Huston defendant. The case was thus: Adam Wickerham died intestate and seised, inter alia, of the land in dispute, leaving issue, Mary the wife of A. B. Chess, William Wickerham the plaintiff, and Sarah intermarried with William Bausman.
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THIS writ of error to the common pleas of Washington county brought up the record of an action of ejectment, in which William Wickherham, trustee of Mary Chess, was plaintiff, and Cyrus Huston defendant. The case was thus: Adam Wickerham died intestate and seised, inter alia, of the land in dispute, leaving issue, Mary the wife of A. B. Chess, William Wickerham the plaintiff, and Sarah intermarried with William Bausman. On the 8th of October 1829, Chess, in right of his wife, elected to take this part of the estate as her property, at a valuation in the orphans’ court; and it was decreed to…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
For aüght that appears, the defendant below stands on the record in the character of an intruder. He gave no evidence of title in himself—at least none appears in our paper book—and the effort he made to defend himself, was directed against the title of his assailant. The rejection of the evidencé offered for that purpose, is the only thing to which he took exception, and it is, consequently, the only thing he can assign for error here. At common law, a writ of error lay not for error in law, which appeared not On the record; and,…
2Cases cited2 opinions
- Dougherty v. JackSupreme Court of Pennsylvania · 1836
- Posten v. PostenSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Brolaskey v. McClainSupreme Court of Pennsylvania · 1870
- King v. StevensSupreme Court of Alabama · 1850
- Seymour v. SmithSuperior Court of Buffalo · 1886