Legal Opinion

McCracken v. Clarke

Supreme Court of Pennsylvania

Decided July 1, 1858Published

Error to the Common Pleas of Lawrence county. « This was an ejectment by Alexander J. McCracken against George Clarke, Jr., for eight acres of land in North Slippery Rock township, Lawrence county. The parties entered into the following submission, which was filed of record:— Andrew J. McCracken'] In the Common Pleas of Lawrence v. )-county, No. 37 Feb’y Term, 1854. George Clarke. j Ejectment.

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Error to the Common Pleas of Lawrence county. « This was an ejectment by Alexander J. McCracken against George Clarke, Jr., for eight acres of land in North Slippery Rock township, Lawrence county. The parties entered into the following submission, which was filed of record:— Andrew J. McCracken'] In the Common Pleas of Lawrence v. )-county, No. 37 Feb’y Term, 1854. George Clarke. j Ejectment. And now, to wit, 15th of April 1856, we the undersigned parties agree to submit all matters in variance in this suit to the following named men, Henry Jordan, McClain Thorn, Robert Bentley, Archibald…

1Opinion of the Court

The opinion of the court was delivered by

Church, J.

The only question presented by the record is the validity of the award.

The action was ejectment. It had been pending over two years; was at issue, and on the trial list. The parties then by an agreement, entitled in the cause and the court, submit “ all matters in variance in this suit,” to referees named; and stipulate that their award shall be “ final and conclusive on each party;” and shall “be filed in'the case and judgment entered thereon by the prothonotary of said court.”

The referees made and filed their award in these words: “ That…

2Cases cited2 opinions

  1. Coleman v. LukensSupreme Court of Pennsylvania · 1839
  2. Grier v. GrierSupreme Court of the United States · 1786

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