Legal Opinion

Yeakle v. Nace

Supreme Court of Pennsylvania

Decided January 21, 1837PublishedCited by 20 opinions

This was a writ of error to the Court of Common Pleas, of Montgomery County, to remove the record of an action upon the case brought by Christopher Yeakle against Jacob Nace* for disturbing a right of way. On the trial which took place on the 8th of September, 1836, it appeared in evidence that the lands of Yeakle and JVace were originally comprised in one large tract of one hundred and thirty-eight acres, three roods and seven perches* and were owned by Thomas Coombe.

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This was a writ of error to the Court of Common Pleas, of Montgomery County, to remove the record of an action upon the case brought by Christopher Yeakle against Jacob Nace* for disturbing a right of way. On the trial which took place on the 8th of September, 1836, it appeared in evidence that the lands of Yeakle and JVace were originally comprised in one large tract of one hundred and thirty-eight acres, three roods and seven perches* and were owned by Thomas Coombe. Thomas Coombe* by his last will, dated May 14th, 1780, directed his executors to sell this said tract of land within two…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

It has to me sometimes appeared strange, that statutes of limitation should have met with such difference of construction, not only in different countries or states, but in the same country and court at different periods; and this difference has been so remarkable, that lawyers and judges too have at times spoken of them as entitled to no favour, and again as most beneficial laws; and again other lawyers and judges have said, they were to be understood and applied according to their intent and meaning, without regard to their supposed policy…

2Cases cited2 opinions

  1. Nitzell v. PaschallSupreme Court of Pennsylvania · 1831
  2. Butz v. IhrieSupreme Court of Pennsylvania · 1829

3Cited by20 opinions

  1. White v. CrawfordMassachusetts Supreme Judicial Court · 1813
  2. City of Peoria v. JohnstonIllinois Supreme Court · 1870
  3. Kelsoe v. Town of OglethorpeSupreme Court of Georgia · 1904
  4. Woodruff v. . PaddockNew York Court of Appeals · 1892
  5. Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930

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