Harris v. Tyson
Supreme Court of Pennsylvania
ERROR to tbe Common Pleas of Chester county. This was an action of ejectment brought by Jesse Harris against Isaac Tyson, Jr., and others, in which the plaintiff claimed to recover the exclusive possession of a tract, containing about 80 acres of land in East Nottingham township, Chester county. Isaac Tyson, Jr., was not summoned; the persons summoned were his agents, or workmen, and claimed the right to enter upon the land in question under him.
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ERROR to tbe Common Pleas of Chester county. This was an action of ejectment brought by Jesse Harris against Isaac Tyson, Jr., and others, in which the plaintiff claimed to recover the exclusive possession of a tract, containing about 80 acres of land in East Nottingham township, Chester county. Isaac Tyson, Jr., was not summoned; the persons summoned were his agents, or workmen, and claimed the right to enter upon the land in question under him. The defendants were considered on the trial as nominal parties merely, Tyson being the real defendant. It was not denied that Harris, the plaintiff,…
1Opinion of the Court
The opinion of the Court was delivered, May 21, 1855, by
Black, J.
This action depends on the defendant’s right to dig and take away chrome from the land of the plaintiff. The defendant claims that right under the plaintiff’s deed, giving and granting it in due form. But the plaintiff asserts that the deed is fraudulent and void because, 1. The defendant suppressed the truth; 2. He suggested a falsehood; 3. He paid a totally inadequate consideration; and 4. He got the deed by means of threats which amounted to duress.
1. A person who knows that there is a mine on the land of another may…
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- Kell v. TrenchardCourt of Appeals for the Fourth Circuit · 1905
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