Legal Opinion

Lessee of Atkinson v. Cummins

Supreme Court of the United States

Decided May 21, 1850PublishedCited by 11 opinions

This case came up, by writ of error, from the Circuit Court of the United States for the Western District of Pennsylvania. It was an action of ejectment brought in the Circuit Court by Isaac Atkinson, a citizen of Ohio, to recover a tract of land in Derry township, Westmoreland County and State of Pennsylvania. The whole case was stated in the bill of exceptions, which it is only necessary to recite. Copy of Bill of Exceptions.

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This case came up, by writ of error, from the Circuit Court of the United States for the Western District of Pennsylvania. It was an action of ejectment brought in the Circuit Court by Isaac Atkinson, a citizen of Ohio, to recover a tract of land in Derry township, Westmoreland County and State of Pennsylvania. The whole case was stated in the bill of exceptions, which it is only necessary to recite. Copy of Bill of Exceptions. “In the Circuit Court of the United States, Western District of Pennsylvania. “Richard Smith, Lessee of Isaac Atkinson, a Citizen of tips State of Ohio, v. William…

1Opinion of the CourtJustice Grier

The single question in this case arises on a bill of exceptions to the admission of certain testimony. In order to judge of its correctness, we must ascertain what was the matter in dispute before the jury at the time the testimony was offered and received.

The action was ejectment for a tract of land containing 1582-acres. In 1822, George Pumroy was owner of this tract, and also of another of 3262 acres, lying n„ar to it, but not adjoining. A judgment had been obtained against Pumroy for the sum of $ 400, and an execution issued, on which the sheriff returned that he had levied on “ a certain…

2Cited by11 opinions

  1. Dodge v. PotterNew York Supreme Court · 1854
  2. Virginia & West Virginia Coal Co. v. CharlesDistrict Court, W.D. Virginia · 1917
  3. Staub v. HamptonTennessee Supreme Court · 1906
  4. Coulam v. DoullUtah Supreme Court · 1886
  5. Harten v. LofflerDistrict of Columbia Court of Appeals · 1907

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