Zubler v. Schrack
Supreme Court of Pennsylvania
Error to the Common Pleas of Clinton county. This was an action of ejectment, brought June 7th 1856, by Adam. Zubler against Jesse S. Schrack and John Delong, to recover a'tract of timber land in Green township, containing about eighty acres.
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Error to the Common Pleas of Clinton county. This was an action of ejectment, brought June 7th 1856, by Adam. Zubler against Jesse S. Schrack and John Delong, to recover a'tract of timber land in Green township, containing about eighty acres. The'defendant, Jesse S. Schrack, claimed to hold the land in controversy under a warrant, dated December 14th 1855, on which there was a survey and return, dated July 21st 1856, and patent for ninety acres and one hundred and fifty perches. The plaintiff claimed as the vendee of an improvement right, commenced in 1832 or 1833, by John Herring, at whose…
1Opinion of the Court
The opinion of the court was delivered, November 12th 1863, by
Thompson, J.
This case has been in this court before, and is reported in. 10 Casey 38,.where it appears that the admission of the evidence now complained of as being rejected in the court below was assigned for error, and the error sustained by a unanimous opinion of the court. If, therefore, there be error now in this record, it is ours, the court below having ruled in accordance with our former decision. “ Stare decisis” expresses a rule which should always be adhered to, unless mani* *69fest and mischievous error require a departure…
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