Boyles v. Kelly
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county, in an ejectment brought by Chat les Boyles, and James Gilson and wife, plaintiffs against Mark Kely and Elizabeth Peck, administrators of William Peck, deceased, Catharine Middleton and others, defendants below, to recover 300 acres of land, and one fourth, and allowance, situate in Centre township, in said county.
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Error to the Court of Common Pleas of Indiana county, in an ejectment brought by Chat les Boyles, and James Gilson and wife, plaintiffs against Mark Kely and Elizabeth Peck, administrators of William Peck, deceased, Catharine Middleton and others, defendants below, to recover 300 acres of land, and one fourth, and allowance, situate in Centre township, in said county. In the court below,, a verdict and judgment were rendered for the plaintiffs below, for 213 acres, and for the defendants for the residue. The charge of the court below, being excepted to by the plaintiffs, was now brought up by…
1Opinion of the Court
The opinion of the court, (Tilghman, C. J. being absent,) was delivered by,
Gibson, J.
The case stated in the bill of exceptions is this. The plaintiffs claim under an application of the 3d April, 1769, in the name of John Stevenson, for 300 acres, “ on the north side of Black Lick, about two miles from the fording;” which was surveyed on the 22d of April, 1773, by Joshua Elder, for John Pornroy, who on that day paid the surveying fees. Immediately preceding the date of this survey, one Reed, who was the brother-in-law of Pornroy, had a cabin on the land, and had girdled a few trees; and this…
2Cases cited2 opinions
- Lessee of Meade v. HaymakerSupreme Court of Pennsylvania · 1800
- Fisher v. LarickSupreme Court of Pennsylvania · 1817
3Cited by2 opinions
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Bolton v. HamiltonSupreme Court of Pennsylvania · 1841