Wheeler v. Winn
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mifflin county. This was an action of ejectment, commenced August 2d 1864, by John II. Wheeler and George S. West against John Winn, for 400 acres of land, which was surveyed in 1793, on a warrant to William Gray.
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Error to the Court of Common Pleas of Mifflin county. This was an action of ejectment, commenced August 2d 1864, by John II. Wheeler and George S. West against John Winn, for 400 acres of land, which was surveyed in 1793, on a warrant to William Gray. The land was sold for taxes to R. C. Hale; the plaintiff showed assessments for 1820-23 and 1835, a treasurer’s deed, June 12th 1838, to Hale, whose title vested in the plaintiff January 8th 1864. The title of Gray, the warrantee, became vested in John Fries, who obtained a patent and devised the land to his two daughters, the wives of Robert…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The material questions in this cause arise upon the assignments of error to the charge of the court below; but it is denied that the plaintiffs have a right to assign these errors, because they neglected to except to the charge. It appears from the record that both parties submitted points in writing -to the judge, and the counsel for the plaintiffs signed and presented also a paper in the following words :
• “ The court is respectfully requested to reduce their entire charge to writing at the time of the delivery thereof to the jury,…
2Cases cited4 opinions
- Foster v. M'DivitSupreme Court of Pennsylvania · 1840
- Foust v. RossSupreme Court of Pennsylvania · 1841
- Jones v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1802
- Phœnix Insurance v. PrattSupreme Court of Pennsylvania · 1810
3Cited by13 opinions
- Philbin v. CarrIndiana Court of Appeals · 1920
- Bennett v. BiddleSupreme Court of Pennsylvania · 1891
- Cassatt v. Mitchell Coal & Coke Co.Court of Appeals for the Third Circuit · 1907
- Camp Chicopee v. EdenSupreme Court of Pennsylvania · 1931
- Heyer v. Cunningham Piano Co.Superior Court of Pennsylvania · 1898
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