Legal Opinion

Kennedy v. Bogert

Supreme Court of Pennsylvania

Decided June 14, 1821PublishedCited by 1 opinion

In Error. ERROR to the Court of Common Pleas of Columbia COUnty. , , - Ejectment by John Kennedy, against Godfrey Bogert, John Faust, senior, ánd John Faust, junior. The plaintiff claimed under a patent granted the 8th August, 1781, to Elias Boudinot, who conveyed to Daniel Montgomery, who conveyed to John Linn, who conveyed to the plaintiff.

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In Error. ERROR to the Court of Common Pleas of Columbia COUnty. , , - Ejectment by John Kennedy, against Godfrey Bogert, John Faust, senior, ánd John Faust, junior. The plaintiff claimed under a patent granted the 8th August, 1781, to Elias Boudinot, who conveyed to Daniel Montgomery, who conveyed to John Linn, who conveyed to the plaintiff. After the plaintiff had gone through his evidence, the defendants alleged, that they claimed the land under a sale or it by the Sheriff, as the property of John Fenner, and proceeded to offer in evidence a paper purporting to be a copy of a record of the…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson J.

The record of -the judgment in the Common Pleas of Northampton county, was-not evidence, .without some colour of title being first shown in Fenner, as whose property the land was sold.- If a party may in every 'case begin at either end!of the -chain of his evidence, why might not the defendant have insisted on shewing the Sheriff’s deed in the first instance, without producing even the judgment ? He could not do so, because without the process.and authority of the law, the Sheriff- who has no pretence of property in himself, but is merely the…

2Cited by1 opinion

  1. Davis v. KingsleySupreme Court of Connecticut · 1839

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