Legal Opinion

Gibson v. Winslow

Supreme Court of Pennsylvania

Decided January 7, 1861PublishedCited by 9 opinions

Error to the Common Pleas of Elk county. This was an action of ejectment brought by Reuben Winslow against John Gibson, Charles Miller, Robert Rothrock, and Thomas Tozier, for the undivided moiety of a tract of land in Jay township, known as the Caledonia'property, surveyed on warrant No. 5285, in which the writ was served on all the defendants except Miller, and an appearance entered for all defendants served.

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Error to the Common Pleas of Elk county. This was an action of ejectment brought by Reuben Winslow against John Gibson, Charles Miller, Robert Rothrock, and Thomas Tozier, for the undivided moiety of a tract of land in Jay township, known as the Caledonia'property, surveyed on warrant No. 5285, in which the writ was served on all the defendants except Miller, and an appearance entered for all defendants served. It was admitted that the title to the tract was, on the 9th day of June 1835, vested in James L. Gillis and Zebulon Warner, each having the undivided moiety. The plaintiff claimed to…

1Opinion of the Court

The opinion of the court was delivered,

by Thompson, J.

— The title of the plaintiff below was derived from Zebulon Warner, who with James L. Gillis was the owner of the land, being tract No. 5285 of 1100 acres. A sale under an order of the Orphans’ Court vested the title to one moiety of it in the plaintiff, if the same had not been previously divested by .a sheriff’s sale to W. J. B. Andrews, now to be noticed.

The defendants below claimed title through him by virtue of the sheriff’s sale of the entire tract as the property of Warner & Gillis, on a judgment of Tingley & Johnston v. Warner,…

2Cases cited1 opinion

  1. Smull v. MickleySupreme Court of Pennsylvania · 1828

3Cited by9 opinions

  1. Pennsylvania Co. for Insurances on Lives & Granting Annuities v. Broad Street HospitalSupreme Court of Pennsylvania · 1946
  2. Mancine v. Concord-Liberty Savings & Loan Ass'nSuperior Court of Pennsylvania · 1982
  3. Best v. Galloway (In Re Best)United States Bankruptcy Court, E.D. Pennsylvania · 2009
  4. Boyer v. WebberSuperior Court of Pennsylvania · 1903
  5. Jackson v. GuntonSuperior Court of Pennsylvania · 1904

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