Legal Opinion

Phillips v. Gregg

Supreme Court of Pennsylvania

Decided September 15, 1840PublishedCited by 32 opinions

ERROR to the district court of Allegheny county. Oliver O. Gregg and Christian Johnson against Elias Phillips and Jacob Poth. This was an action of ejectment for 70 acres of land on Coal Hill; consisting of nineteen coal lots, and another lot adjoining, of about 35 acres.

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ERROR to the district court of Allegheny county. Oliver O. Gregg and Christian Johnson against Elias Phillips and Jacob Poth. This was an action of ejectment for 70 acres of land on Coal Hill; consisting of nineteen coal lots, and another lot adjoining, of about 35 acres. The land was conveyed by the proprietaries to John Ormsby, Sen., by deed, dated September 7, 1791. John Ormsby, Sen. died intestate, in December 1806, leaving two of his five children, Oliver and Mrs Sidney Gregg, surviving him. Mrs. Bedford and Joseph had died, without issue, before their father. John Ormsby, Jun. had also…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

The plaintiffs claim title under Mary Swazey, the daughter of John Ormsby, Jun., and Grace, daughter of John Ormsby, Sen., and the defendants under the heirs of Oliver Ormsby son of John Ormsby, Sen., who died seised of the premises. In deducing title, it becomes material for the plaintiffs to prove that Mary Swazey was the legitimate daughter of John Ormsby, Jun., and as such entitled to one-third of her grandfather’s estate. On this arises one of the principal questions in the cause.

Mary Swazey was the daughter of John Ormsby, Jun., by…

2Cases cited1 opinion

  1. Union Bank of Georgetown v. CrittendenU.S. Circuit Court for the District of District of Columbia · 1821

3Cited by32 opinions

  1. Patterson v. GainesSupreme Court of the United States · 1848
  2. Lessee of Sarah I. Jewell and Others, in Error v. Benjamin Jewell and OthersSupreme Court of the United States · 1843
  3. Hallett v. CollinsSupreme Court of the United States · 1850
  4. Schofield v. SchofieldSuperior Court of Pennsylvania · 1912
  5. Ardesco Oil Co. v. GilsonSupreme Court of Pennsylvania · 1870

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