Legal Opinion

Bratton v. Mitchell

Supreme Court of Pennsylvania

Decided June 25, 1846Published

Error, to the court of Common Pleas of Mifflin county. May 22. This was an action of ejectment brought by Georgé Mitchell against C. Landis, j. Bratton, and C. Bratton, for a tract of land, in Olive township-, Mifflin county. The facts of the case are presented in the charge of the court below, and in the opinion of this court.

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Error, to the court of Common Pleas of Mifflin county. May 22. This was an action of ejectment brought by Georgé Mitchell against C. Landis, j. Bratton, and C. Bratton, for a tract of land, in Olive township-, Mifflin county. The facts of the case are presented in the charge of the court below, and in the opinion of this court. In the court below, Wilson, President,-charged the jury as follows:— “ George Mitchell, the plaintiff, claims- title tp the land in dispute under Frederick Lazarus, to whom a warrant issued’ on the 26th of •November, 1793, and on which a survey was made on the 15th…

1Opinion of the CourtBurnside, J.

The president of the Common Pleas, in the charge returned, has endorsed that “ no exception was taken to the charge or answers of the court to the defendant’s points at the time they were delivered, or at that court. The charge was filed at the request made by the defendant’s oounsel, at the time he submitted his points. His request to instruct the jury is in these words: “ The court is requested to charge the jury as follows, and to file their opinion of record.” It was the duty of the counsel to have requested a bill of exceptions to the charge, before the jury delivered their verdict in…

2Cases cited6 opinions

  1. Marsh v. PierSupreme Court of Pennsylvania · 1833
  2. M'Cormick v. M'MurtrieSupreme Court of Pennsylvania · 1835
  3. Vickroy v. SkelleySupreme Court of Pennsylvania · 1826
  4. Boyles v. Johnston's ExecutorsSupreme Court of Pennsylvania · 1813
  5. Morris v. BuckleySupreme Court of Pennsylvania · 1822

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