Green v. Drinker
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Susquehanna county. The executors of Henry Drinker deceased, against John Green. This was an action of ejectment for 100 acres of land, on the trial of which the court below (Jessup, President) thus stated the facts and charged the jury: “ The parties both derive their title under Ephraim Kirby deceased. The title in him is therefore taken to be valid.
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ERROR to the Common Pleas of Susquehanna county. The executors of Henry Drinker deceased, against John Green. This was an action of ejectment for 100 acres of land, on the trial of which the court below (Jessup, President) thus stated the facts and charged the jury: “ The parties both derive their title under Ephraim Kirby deceased. The title in him is therefore taken to be valid. The plaintiffs derive their title under a deed dated 29th November 1806, made by Thomas Dyer and Joseph L. Smith, administrators of Ephraim Kirby deceased, under proceedings and an order of the Orphans’ Court of the…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
The judge who tried the cause having detailed the evidence, minutely instructed the jury upon the law arising out of the facts; and to this opinion the errors are assigned. 1st. In saying that there was no connection between Green and Ewalt. After suit brought, and perhaps before, when he heard of Drinker’s title having been sold, he said to one person that he claimed under Ewalt: but there was no intimation of any lease, parol or written, or any kind of contract between them. The judge did not, therefore, err in saying there was no evidence…
2Cited by4 opinions
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