White v. Kyle's Lessee
Supreme Court of Pennsylvania
In Error. THIS was an ejectment for lands in Mifflin county. The title of the parties is stated in the first volume of Binñey’s Reports, p. 247, and the opinion of this Court on a former writ of error, is given in the second volume of Binney’s Reports, p. 162. On the trial of this cause, the court below was requested to charge the jury on the following points : ■ 1. Whether or not, James Kyle, or any other person, could derive any equity from any improvement made on the…
Read the full summary
In Error. THIS was an ejectment for lands in Mifflin county. The title of the parties is stated in the first volume of Binñey’s Reports, p. 247, and the opinion of this Court on a former writ of error, is given in the second volume of Binney’s Reports, p. 162. On the trial of this cause, the court below was requested to charge the jury on the following points : ■ 1. Whether or not, James Kyle, or any other person, could derive any equity from any improvement made on the lands,the subject of this ejectment, before the lands were purchased from the Indians, or before the office was opened for…
1Opinion of the Court
Tilghman C. J.
This ejectment was tried in the Court of Common Pleas of Mifflin county, where the plaintiff obtained a verdict and judgment. In the course of the trial, the defendant’s counsel asked the opinion of the court on eight points, which, together with the opinion on each of them, are placed on the record. The whole evidence in the cause is also on the record. I will consider each opinion in order.
1. The court declared their opinion, “that an improve- “ ment made upon land not purchased by the late proprieta- “ ries from the Indians, gave no title in law or equity.” In this they were…
2Cases cited1 opinion
- White v. Lessee of KyleSupreme Court of Pennsylvania · 1812
3Cited by5 opinions
- Lewis v. BradfordSupreme Court of Pennsylvania · 1840
- State ex rel. Bond v. FisherSupreme Court of Missouri · 1910
- Butcher v. Metts, Pennsylvania Court of Common Pleas, Philadelphia County1836
- Sidwell v. EvansSupreme Court of Pennsylvania · 1830
- Rhodes v. FrickSupreme Court of Pennsylvania · 1837