Hart v. Gregg
Supreme Court of Pennsylvania
THIS was a writ of error to the district court of Allegheny county, on a judgment rendered in that court in favour of the plaintiffs, in an ejectment brought by Oliver O. Gregg and Christian Johnson, plaintiffs below and defendants in error against Jacob Hart, the defendant below, and plaintiff in error. It was brought on the 20lh November 1838, to recover the undivided third part of a tract of land adjoining the borough of Birmingham, containing 81 acres.
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THIS was a writ of error to the district court of Allegheny county, on a judgment rendered in that court in favour of the plaintiffs, in an ejectment brought by Oliver O. Gregg and Christian Johnson, plaintiffs below and defendants in error against Jacob Hart, the defendant below, and plaintiff in error. It was brought on the 20lh November 1838, to recover the undivided third part of a tract of land adjoining the borough of Birmingham, containing 81 acres. This tract was part of a larger tract which had belonged to John Ormsby, deceased, and was called for distinction, the Triangle. The…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
The only point in this case which distinguishes it from those already decided in the other cases, arises upon the statute of limitations. The defendant insisted, that the circumstances proved in the cause, were of such a nature, as that in point of law, the jury were bound to prestime an actual ouster of the plaintiff by Oliver Ormsby. The court below refused to give this binding instruction to the jury, but left it to them to decide, as a'matter of fact upon the evidence; and this leads to an investigation of the origin and grounds of the…
2Cases cited1 opinion
- Lodge v. PattersonSupreme Court of Pennsylvania · 1834
3Cited by14 opinions
- Culver v. . RhodesNew York Court of Appeals · 1882
- Alexander v. KennedyTexas Supreme Court · 1857
- Todd v. WeedSupreme Court of Minnesota · 1901
- Waltimyer v. SmithSupreme Court of Pennsylvania · 1989
- Dubois v. CampauMichigan Supreme Court · 1873
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