Smith v. Jack
Supreme Court of Pennsylvania
WRIT of error to the Common Pleas of Butler county. George Smith against William Jack and Robert Jack. This was an action of ejectment for one hundred and twenty-five acres of land, in. which the plaintiff recovered only a verdict for the three-fifths of the land. The plaintiff took an exception to the opinion of the court, and sued out this writ of error.
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WRIT of error to the Common Pleas of Butler county. George Smith against William Jack and Robert Jack. This was an action of ejectment for one hundred and twenty-five acres of land, in. which the plaintiff recovered only a verdict for the three-fifths of the land. The plaintiff took an exception to the opinion of the court, and sued out this writ of error. While the writ of error was pending, and before the record was sent up, the plaintiff sued out on the judgment a fieri facias for costs, upon which they were collected by the sheriff. admitted the error in the opinion of the court below,…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The record presented an ejectment for 125 acres of land. The defendant, William Jack, took defence for 50 acres off the east end of the tract, under articles of agreement with David Regal, dated 7th October 1836. Both parties admitted the right to the whole tract was in David Regal and William Regal. George Smith’s title was on 1st December 1837, and was for the whole 125 acres, and was from David Regal and William Regal. It was a matter disputed whether Smith, at the time of his purchase, had actual notice of the previous sale by David to…
2Cited by3 opinions
- Mariner v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1870
- Baily v. BailySupreme Court of Pennsylvania · 1863
- Hall v. LacySupreme Court of Pennsylvania · 1861