Legal Opinion

Summers v. Wallace

Supreme Court of Pennsylvania

Decided September 15, 1839PublishedCited by 1 opinion

ERROR to the common pleas of Washington county. Alexander Summers against Oliver Wallace. Ejectment for a small piece of land with a saw-mill upon it. The original title admitted.to have been in James Brownlee, who conveyed the same to Thomas and Alexander Summers, and upon the death of Thomas he devised his interest to Alexander Summers, the plaintiff.

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ERROR to the common pleas of Washington county. Alexander Summers against Oliver Wallace. Ejectment for a small piece of land with a saw-mill upon it. The original title admitted.to have been in James Brownlee, who conveyed the same to Thomas and Alexander Summers, and upon the death of Thomas he devised his interest to Alexander Summers, the plaintiff. The defendant alleged that prior to the sale to Summers he had purchased by parol.from James Brownlee the site of the saw-mill, had paid the purchase-money, received the possession and built the mill; and gave some evidence to establish these…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

The first error assigned, is an exception to the opinion of the court, overruling the reading in evidence to the jury, the second interrogatory, and the answer thereto of Samuel Lowry, a witness on behalf of the plaintiff, residing in the State of Ohio, whose evidence had been taken in the cause, under a commission taken out for that purpose. The interrogatory is in the following words: “ Did you ever hear the defendant state the terms on which he held, or was to have the property, on which he erected the sawmill adjoining Taylorstown? If…

2Cited by1 opinion

  1. Petriken v. CollierSupreme Court of Pennsylvania · 1844

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