Mather v. Ministers of Trinity Church
Supreme Court of Pennsylvania
In Error. '/ERROR to the C< county. '/ERROR to the Court Common Pleas of Montgomery county. • 1 , . • ( • . ' THIS was an action of trover, brought by the defendants in error, plaintiffs below, for the conversion of a quantity of stone and gravel. It appeared in evidence, that the plaintiffs and their predecessors, had been long in possession of a church, and a small parcel of land adjoining it.
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In Error. '/ERROR to the C< county. '/ERROR to the Court Common Pleas of Montgomery county. • 1 , . • ( • . ' THIS was an action of trover, brought by the defendants in error, plaintiffs below, for the conversion of a quantity of stone and gravel. It appeared in evidence, that the plaintiffs and their predecessors, had been long in possession of a church, and a small parcel of land adjoining it. Part of this land was inclosed and used for a burial ground, ever since the year 1727; the remainder was uninclosed. Near the boundary line of the land claimed by the plaintiffs, was a stone quarry,…
1Opinion of the Court
Tilghman C. J.
1. I fully agree with the President of
the Court of Common Pleas, that the possession proved by plaintiffs, was sufficient to recover in an ejectment, and sufficient for a presumption, that the .Commonwealth had either granted the land, or at least, a right of pre-emption, to the predecessors of the plaintiffs. And supposing it to be only a a right of pre-emption, that is good title against all persons but the Commonwealth. The compliance with the terms of pre-emption, is a matter between the Commonwealth and the occupier. A third person has nothing to do with it. There is no…
2Cases cited3 opinions
- Jackson ex dem. Beekman v. SellickNew York Supreme Court · 1811
- Van Brunt v. SchenckNew York Supreme Court · 1814
- Van Rensselaer v. Van RensselaerNew York Supreme Court · 1812
3Cited by19 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Ballard v. PerryTexas Supreme Court · 1866
- King v. RichardsSupreme Court of Pennsylvania · 1841
- Powell v. SmithSupreme Court of Pennsylvania · 1833
- Colwell v. PedenSupreme Court of Pennsylvania · 1834
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