Turner v. Waterson
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Jefferson county. This was an action on the case by Frederick Turner, David Wilson and George Dull, against James Waterson and Job Payne, in which the plaintiffs claimed to recover damages from the defendants for erecting a dam across Spring Creek, by which the plaintiffs’ land was overflowed and theip mill-seat drowned out. The defendants pleaded not guilty.
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ERROR to the Common Pleas of Jefferson county. This was an action on the case by Frederick Turner, David Wilson and George Dull, against James Waterson and Job Payne, in which the plaintiffs claimed to recover damages from the defendants for erecting a dam across Spring Creek, by which the plaintiffs’ land was overflowed and theip mill-seat drowned out. The defendants pleaded not guilty. The plaintiffs, in order to establish their title to the land alleged to have been flooded by the dam, gave in evidence a warrant to Robert Morris, No. 3736, for 1000 acres, dated the 5th of March 1793, a…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— To show the regularity of the actual proceedings, we are of opinion that the evidence offered by the plaintiffs ought to have been admitted. The deed, it seems, recited that the land was sold for $67.94, and that the tax and costs were $21.45. According to this, the bond being only $26.52, instead of $46.49, was for less than the surplus. But the plaintiffs offered the treasurer’s sale list of the year 1838, and also the evidence of the treasurer, to show the recital to be a mistake; that the sum stated in the deed was an error, and that…
2Cases cited3 opinions
- Stockton & Stokes v. DemuthSupreme Court of Pennsylvania · 1838
- Campbell v. GalbreathSupreme Court of Pennsylvania · 1832
- Cluggage v. Lessee of DuncanSupreme Court of Pennsylvania · 1814
3Cited by8 opinions
- Carter v. Tinicum Fishing Co.Supreme Court of Pennsylvania · 1875
- Glass v. GilbertSupreme Court of Pennsylvania · 1868
- Stearns v. Merchants' BankSupreme Court of Pennsylvania · 1867
- Coxe v. DeringerSupreme Court of Pennsylvania · 1876
- Gilbert v. Estate of SwainIndiana Court of Appeals · 1894
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