Legal Opinion

Delaney v. Gault

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 13 opinions

Error, to the District Court of Philadelphia. This was an ejectment brought, in the court below, by Henry W. Gault against John Delaney, for a lot of ground on the west side of Tyler street, north of Poplar street, in the city of Philadelphia, containing 16 feet in front, on Tyler street, by 37 feet in depth. The plaintiff below claimed as purchaser at sheriff’s sale under a levari faeias.

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Error, to the District Court of Philadelphia. This was an ejectment brought, in the court below, by Henry W. Gault against John Delaney, for a lot of ground on the west side of Tyler street, north of Poplar street, in the city of Philadelphia, containing 16 feet in front, on Tyler street, by 37 feet in depth. The plaintiff below claimed as purchaser at sheriff’s sale under a levari faeias. He gave in evidence a record of the Court of Common Pleas, showing a claim for $14.20 for paving, filed 3d January 1849, by the district of Spring Garden, against Edward and William Beeves, describing a lot…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J.

— This was an ejectment for a lot of ground on the west side of Tyler street, in the city of Philadelphia, the ownership of which was in Robert Pollard on the third day of January, A. D. 1849. The plaintiff in error, defendant below, deduces his title regularly from Robert Pollard, by conveyance subsequent to the date above mentioned.

The title of the plaintiff below is founded upon a municipal claim for paving in front of the property, filed by the district of Spring Garden, in the Court of Common Pleas of Philadelphia, on the third of…

2Cases cited3 opinions

  1. Jones v. ShawhanSupreme Court of Pennsylvania · 1842
  2. Anshutz v. M'ClellandSupreme Court of Pennsylvania · 1836
  3. Orr v. CunninghamSupreme Court of Pennsylvania · 1842

3Cited by13 opinions

  1. City of Philadelphia v. RichardsSupreme Court of Pennsylvania · 1889
  2. Philadelphia v. Unknown OwnerSuperior Court of Pennsylvania · 1902
  3. Ferguson v. QuinnSupreme Court of Pennsylvania · 1889
  4. Philadelphia v. PeytonSuperior Court of Pennsylvania · 1904
  5. Tiegel v. LoveSuperior Court of Pennsylvania · 1915

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