Legal Opinion

Kelsey v. Murray

Supreme Court of Pennsylvania

Decided September 15, 1839PublishedCited by 2 opinions

ERROR to the district court of Allegheny county. Leckey Murray’s executors against William J. Kelsey and Charles Kelsey. Ejectment for a tract of land. The plaintiffs gave in evidence a regular legal title, for the land in dispute, from the commonwealth to- Dr. Leckey Murray, deceased, and his will devising the same to them to be sold.

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ERROR to the district court of Allegheny county. Leckey Murray’s executors against William J. Kelsey and Charles Kelsey. Ejectment for a tract of land. The plaintiffs gave in evidence a regular legal title, for the land in dispute, from the commonwealth to- Dr. Leckey Murray, deceased, and his will devising the same to them to be sold. The defendants claimed under a deed from Henry Jack, Sen., to Henry Jack, Jun., and from him to them, and attempted to prove that Henry Jack, Sen., paid the purchase-money to the commonwealth for the Jand. But the only facts in the case, material to the…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

We think that none of the errors assigned in this case has been sustained, and that there is nothing in any of them which seems to require our particular notice, excepting in the fourth. The fourth is an exception to the charge of the court to the jury; wherein'the latter were instructed, that if they believed that Murray claimed the lañds in dispute, and paid the public taxes on them, by himself or his tenants for thirty years, before .Jack, under whom the plaintiffs in error claimed, brought his ejectment, and that Jack in the mean time…

2Cases cited1 opinion

  1. Royer v. BenlowSupreme Court of Pennsylvania · 1823

3Cited by2 opinions

  1. Goodman v. SangerSupreme Court of Pennsylvania · 1877
  2. Bigler v. KarnsSupreme Court of Pennsylvania · 1842

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