Wilson v. Cochran
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of debt by William Cochran against Samuel A. Wilson, on bonds given by defendant to the plaintiff, with a mortgage, to secure the balance due on a tract of land purchased from the plaintiff in 1860 for $6000. The affidavits of defence alleged an eviction from a portion of the land under a paramount right of way. The court entered judgment for want of a sufficient affidavit of defence.
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Error to the District Court of Allegheny county. This was an action of debt by William Cochran against Samuel A. Wilson, on bonds given by defendant to the plaintiff, with a mortgage, to secure the balance due on a tract of land purchased from the plaintiff in 1860 for $6000. The affidavits of defence alleged an eviction from a portion of the land under a paramount right of way. The court entered judgment for want of a sufficient affidavit of defence. The facts of the case are fully sot out in the opinion of this court.
1Opinion of the Court
The opinion of the court was delivered, January 5th 1864, by
Woodward, J. — The
affidavits of defence, original and supplemental, though not drawn with such fulness as to be entirely exempt from just criticism, do, nevertheless, suggest grounds of defence which are worthy to be considered. Whether the court below entered judgment for the plaintiff on the technical objections contained in the first four reasons filed against the affidavits, or on the last three reasons which touch the merits of the controversy, the record does not inform us, but the following analysis of the affidavits will…
2Cases cited1 opinion
- Patterson v. ArthursSupreme Court of Pennsylvania · 1839
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- First Unitarian Society v. Citizens Savings & Trust Co.Supreme Court of Iowa · 1913
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