Lessee of Wilson v. Rhoades
Supreme Court of Pennsylvania
Ejectment for lands in Mifflin county. This cause was tried at Lewistown in the Circuit Court, on the 26th May 1802, before Yeates and Brackenridge, Justices, when the jury found a verdict for the plaintiff.
Read the full summary
Ejectment for lands in Mifflin county. This cause was tried at Lewistown in the Circuit Court, on the 26th May 1802, before Yeates and Brackenridge, Justices, when the jury found a verdict for the plaintiff. A motion for a new trial was made, but not argued ; and it was afterwards agreed by the counsel, that an entry should be made on the record of the motion being overruled, and judgment entered for the plaintiff, in order to bring an appeal thereon to this court, without prejudice to either party. Yeates, J. reported the evidence given at the trial substantially as follows : Both’’plaintiff…
1Opinion of the CourtShippen, C. J.
So much was left to the jury, on the fact of the survey, at the time of trial, that I see no reason to set aside the verdict.
Yeates, J.
The equitable title by improvement and settlement, I thought at the trial, and still think, was in the plaintiff claiming under Daniel Netherey, and not in the defendant claiming under Charles Stewart, if he really sold his pretensions. But there having been no previous possession within seven years next before the bringing of the action, the plaintiff was barred from recovering under this claim by the act of limitations.
The jury have found by their verdict,…
2Cases cited1 opinion
- Shrewsbury Savings Institution's AppealSupreme Court of Pennsylvania · 1880
3Cited by2 opinions
- Shrewsbury Savings Institution's AppealSupreme Court of Pennsylvania · 1880
- Lyle v. RichardsSupreme Court of Pennsylvania · 1823