Keller v. Nutz
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Union COUnty. This was an ejectment brought by John Keller and others against John Nutz, Philip Moore, and Jacob Gemberling.
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In Error. ERROR to the Court of Common Pleas of Union COUnty. This was an ejectment brought by John Keller and others against John Nutz, Philip Moore, and Jacob Gemberling. The plaintiffs and defendants claimed under the same original title, which was a location to John Jacob Gemberling of the 30th October, 1767; a survey of the 29th September, 1768, returned into office on the 25th January, 1770. The plaintiffs claimed under a deed from John Jacob Gemberling to Michael Keller, dated 24th October, 1772, not recorded, and deduced ’ 7 7 . their title from Michael Keller. The defendants claimed…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
The plaintiffs offered in evidence certain depositions, taken under a rule of Court to take depositions ; ex parte rule, on 10 days notice ; these depositions were rejected, and a bill of exceptions taken.
The witness who proved the notice to take depositions, testified that he gave one of the defendants a copy of the no*250tice, and produced the original; there were more than ten days between the date of the notice and the day appointed' to take depositions ; and the depositions were taken at the time and place appointed. No one attended on the…
2Cases cited1 opinion
- Lessee of Cox v. CromwellSupreme Court of Pennsylvania · 1810
3Cited by3 opinions
- Wright v. CraneSupreme Court of Pennsylvania · 1826
- Harris v. ArnoldSupreme Court of Rhode Island · 1848
- M'Mechan v. GriffingMassachusetts Supreme Judicial Court · 1825