Bratton v. Mitchell
Supreme Court of Pennsylvania
ERROR to the common pleas of Mifflin county. This was an action of ejectment by George Mitchell against Charles Bratton, to recover a tract of land. The questions determined by the court arose solely upon the plaintiff’s exhibition of title. His evidence was, that a warrant was taken out for the land on the 28th of May 1817, in the name of James M’Donald, for himself and Thomas Baird, who paid one half of the purchase money.
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ERROR to the common pleas of Mifflin county. This was an action of ejectment by George Mitchell against Charles Bratton, to recover a tract of land. The questions determined by the court arose solely upon the plaintiff’s exhibition of title. His evidence was, that a warrant was taken out for the land on the 28th of May 1817, in the name of James M’Donald, for himself and Thomas Baird, who paid one half of the purchase money. Baird died intestate and without issue, leaving a widow and one sister, his heir at, law, the wife of the plaintiff, George Mitchell, who afterwards purchased and…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
George Mitchell was plaintiff below, and showed as title, a warrant to James M’Donald, and in addition, proved by M’Donald that Baird paid half the purchase money, and was, in equity and in law, the owner of one half. Baird was dead, without issue, leaving a widow who had conveyed or released all her right and interest to George Mitchell. Mitchell was married to the sister and heir of Baird, and by virtue of her right, and of the conveyance of Baird’s widow, claimed one half of this land.
Defendant proved a possession in his ancestors and…
2Cases cited1 opinion
- Pringle v. GawSupreme Court of Pennsylvania · 1820
3Cited by5 opinions
- King v. MerrittMichigan Supreme Court · 1887
- Gourley v. KinleySupreme Court of Pennsylvania · 1870
- Smigell v. BrodSupreme Court of Pennsylvania · 1951
- Balkiewicz v. AsenavageSupreme Court of Pennsylvania · 1962
- Bridgeford v. Groh, Pennsylvania Court of Common Pleas, Philadelphia County1927