Legal Opinion

Hall v. Powel

Supreme Court of Pennsylvania

Decided October 5, 1818PublishedCited by 4 opinions

In ElUlOIi. THIS case came before the Court on a writ of error to die Common Pleas of Huntingdon county. The opinion of the Court below was filed agreeably to the act of assembly, , .. j and came up with the record.

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In ElUlOIi. THIS case came before the Court on a writ of error to die Common Pleas of Huntingdon county. The opinion of the Court below was filed agreeably to the act of assembly, , .. j and came up with the record. It was an ejectment brought by the defendant in error, John H. Powel, against Thomas Hall, Jacob Taylor, and Elijah Corbin, to recover a body of lands which he claimed under five warrants, of various dates, in the name of Henry Boquet, on which surveys were made and patents issued. The title was regularly deduced to the plaintiff, and it was conceded, that it was indisputable for…

1Opinion of the Court

*461The opinion of the Court was delivered by

Duncan J.

The President of the Court of Common Pleas, having filed of record the charge of the Court, under the act of assembly, it is brought up for revision by this Court, and the errors in law now assigned, are, 1st. That the Court erred in stating it to be a matter of law, “ that if a surveyor marks corners and lines on the ground, and makes a return, calling for some of them, it is to be presumed, that he returns by the marked lines and corners; for otherwise he would deceive his employers. If the surveyor intended to cut off land, why not call for…

2Cases cited2 opinions

  1. Howe v. BassMassachusetts Supreme Judicial Court · 1807
  2. Werdman v. FelmlySupreme Court of Pennsylvania · 1813

3Cited by4 opinions

  1. Ballard v. PerryTexas Supreme Court · 1866
  2. Mills v. BuchananSupreme Court of Pennsylvania · 1850
  3. Acre v. GilbertSupreme Court of Pennsylvania · 1832
  4. Walker v. SmithSupreme Court of Pennsylvania · 1845

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