Hetherington v. Clark
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was an ejectment, by James Gr. Clark against James Hetherington, John Woolley, and Patrick Burns, for a lot of ground in the borough of Pottsville, being part of a larger lot, numbered 34, in Potts’s and Patterson’s addition to the town of Pottsville.
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Error to the Common Pleas of Schuylkill county. This was an ejectment, by James Gr. Clark against James Hetherington, John Woolley, and Patrick Burns, for a lot of ground in the borough of Pottsville, being part of a larger lot, numbered 34, in Potts’s and Patterson’s addition to the town of Pottsville. On the 9th October 1830, Morgan P. Old conveyed to Joseph Bomeisler a lot on the south-westerly side of Market street, in the borough of Pottsville, containing in front on said Market street 34 feet, and in depth 114 feet. This included the locus in quo. Both parties claimed under Joseph…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
— I entirely agree with the counsel for the defendant in error, that no point was made in the court below as to a valuable consideration paid by Clark for his purchase, and therefore the case is not to be ruled here on that point. The deed acknowledges a consideration of §240, and is primd facie evidence of it. Unquestioned below, it is not to be questioned here; but is, for all purposes for which the case is in this court, conclusive evidence that Clark paid that sum for his purchase.
And his deed, dated 27th August 1841, and recorded 13th…
2Cases cited1 opinion
- Poth v. AnstattSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
- Safe Deposit & Trust Co. v. Bovaird & Seyfang Manufacturing Co.Supreme Court of Pennsylvania · 1910
- Detwiler v. ColdrenSuperior Court of Pennsylvania · 1930
- Fries v. NullSupreme Court of Pennsylvania · 1893
- Carroll v. MinerSuperior Court of Pennsylvania · 1896
- Pa. Department of Transportation v. Mendelsohn, Pennsylvania Court of Common Pleas, Philadelphia County1984