Smith v. Houtz
U.S. Circuit Court for the District of Western Pennsylvania
This is an action of ejectment for two tracts of land in Clearfield county. What gives it consequence is, that the decision affects titles to farms and timber lands of great value, and covering an area of many miles around the lands in controversy. To the old land lawyers of Pennsylvania, the legal principles decided, will seem familiar. By the juniors of the profession this report will be appreciated.
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This is an action of ejectment for two tracts of land in Clearfield county. What gives it consequence is, that the decision affects titles to farms and timber lands of great value, and covering an area of many miles around the lands in controversy. To the old land lawyers of Pennsylvania, the legal principles decided, will seem familiar. By the juniors of the profession this report will be appreciated. The history of the case, the trial of which occupied nearly a month, will be found in the charge by the court to the jury.
1Opinion of the CourtMeCANDLESS, District Judge
(charging jury). The jurisdiction of the circuit court of the United States, in civil actions, extends only to cases between the subjects of foreign nations and citizens of the United States; and to cases between citizens of the United States residing in different states. Also to cases of patents for new and useful inventions, and to all actions where the government is a party. Pruner and Burley, the warrantees, being citizens of Pennsylvania, could not sue another citizen of Pennsylvania, but would be compelled to resort to the courts of Clearfield county, where the lands lie. Their vendee,…
2Cases cited6 opinions
- Nieman v. WardSupreme Court of Pennsylvania · 1841
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Smith v. MooreSupreme Court of Pennsylvania · 1835
- Congregation v. MilesSupreme Court of Pennsylvania · 1835
- Oyster v. BellasSupreme Court of Pennsylvania · 1834
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