Legal Opinion

Hemphill v. Carpenter

Supreme Court of Pennsylvania

Decided May 15, 1837PublishedCited by 7 opinions

ERROR to the district court of Lancaster county. Joseph Hemphill and James Hopkins, Esquires, against James Galbreath, surviving administrator of Samuel Galbreath, with notice to Dr Abraham Carpenter, terre-tenant of the land, of which Samuel Galbreath died seized. A judgment, de bonis intestati, was entered by consent against the administrator of Samuel Gal-breath, and the terre-tenant made defence, that his land was not bound.

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ERROR to the district court of Lancaster county. Joseph Hemphill and James Hopkins, Esquires, against James Galbreath, surviving administrator of Samuel Galbreath, with notice to Dr Abraham Carpenter, terre-tenant of the land, of which Samuel Galbreath died seized. A judgment, de bonis intestati, was entered by consent against the administrator of Samuel Gal-breath, and the terre-tenant made defence, that his land was not bound. The court below (Hays, president) was of opinion, and so instructed, that the land of the terre-tenant was not bound. Verdict and judgment for- the terre-tenant.

1Opinion of the Court

All the facts and questions determined are fully stated in the opinion of the Court, which was delivered by

Huston,

— Samuel Galbreath, a son of B. Galbreath, claimed that his father had given him, as an advancement, a tract of land in Lancaster county. The other heirs contested this: and an ejectment was brought for it, by Dr L. Murray and wife, in right of his wife and the other heirs of B. Galbreath. Samuel Galbreath employed the plaintiffs as his counsel; and gave the two single bills, on which this suit is brought, one for 200 dollars and another for 700 dollars, payable when the defendant…

2Cases cited3 opinions

  1. Kerper v. HochSupreme Court of Pennsylvania · 1832
  2. Black v. DobsonSupreme Court of Pennsylvania · 1824
  3. Bombay v. BoyerSupreme Court of Pennsylvania · 1826

3Cited by7 opinions

  1. Kirk v. Van HornSupreme Court of Pennsylvania · 1920
  2. Smith v. WildmanSupreme Court of Pennsylvania · 1896
  3. Konigmaker v. BrownSupreme Court of Pennsylvania · 1850
  4. In re Lentz's AccountsSupreme Court of Pennsylvania · 1847
  5. Mowry v. DavenportTennessee Supreme Court · 1880

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