Legal Opinion

Lessee of Simon v. Brown

Supreme Court of Pennsylvania

Decided May 15, 1801PublishedCited by 6 opinions

Ejectment for 314 acres and allowance in Potter’s township. The defendant in the course of the trial offered in evidence a deed from the commissioners of Northumberland county, under their common seal, dated 8th October 1788, to John Thorn-burgh, in consideration of 13I. 10s., the same having been sold for state and county taxes for 1785 and 1786, and by Thorn-burgh assigned to Henry Drinker, on the 28th April 1795, in consideration of sol. *But the court refused the same,…

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Ejectment for 314 acres and allowance in Potter’s township. The defendant in the course of the trial offered in evidence a deed from the commissioners of Northumberland county, under their common seal, dated 8th October 1788, to John Thorn-burgh, in consideration of 13I. 10s., the same having been sold for state and county taxes for 1785 and 1786, and by Thorn-burgh assigned to Henry Drinker, on the 28th April 1795, in consideration of sol. *But the court refused the same, and said that such ^ „ deeds were mere nullities, and had been overruled more f ' than once. If the object was to prove…

1Opinion of the Court

The court said, that the affidavit was illegal and informal, and did not authorize the recording of the transfer. It was no evidence whatever of notice to the defendant, and could not be received. See 3 Cranch 155.

Verdict for the plaintiff.

2Cases cited1 opinion

  1. Mauro v. RitchieU.S. Circuit Court for the District of District of Columbia · 1827

3Cited by6 opinions

  1. Phelan v. Fleet Consumer Discount Co. (In Re Rice)United States Bankruptcy Court, E.D. Pennsylvania · 1991
  2. Roode v. StateNebraska Supreme Court · 1876
  3. Friedley v. HamiltonSupreme Court of Pennsylvania · 1827
  4. In Re RiceUnited States Bankruptcy Court, E.D. Pennsylvania · 1991
  5. Bolton v. JohnsSupreme Court of Pennsylvania · 1847

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