Millingar v. Sorg
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mh county. A writ of ejectment was issued on the 12th day .of June 1865 by Henry Millingar against F. X. Sorg, Michael Konle, Michael Schoebel, Caspar Werner, Clemens Haberberger, Josiah Caldwell, M. A. Mitchell and Francis Van Marsonville, for a tract of land in Benzinger township, “known as warrant No. 4881, warranted in the name of W. Willink and others, containing 1043 acres, more or less, bounded north by warrant 4880, east by…
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Error to the Court of Common Pleas of Mh county. A writ of ejectment was issued on the 12th day .of June 1865 by Henry Millingar against F. X. Sorg, Michael Konle, Michael Schoebel, Caspar Werner, Clemens Haberberger, Josiah Caldwell, M. A. Mitchell and Francis Van Marsonville, for a tract of land in Benzinger township, “known as warrant No. 4881, warranted in the name of W. Willink and others, containing 1043 acres, more or less, bounded north by warrant 4880, east by warrant 4882, south by warrant 4884, west by warrant 4102.” All the defendants appeared, and pleaded “ Not guilty.” The…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Asnew, J.
— These writs of error have both been taken in the same case, and will be considered together. We agree with the court below that the facts constituted an equitable estoppel, but disagree with them in limiting its extent to those parts of the tract which were settled and improved. Hiram Payne was the owner of tract 4881, which by mistake he supposed to lie upon No. 4880, one range north of the true location of 4881. When he sold 4881 to Morris, he directed him to 4880. Morris was shown 4880 as Payne’s land, and bought it and…
2Cases cited3 opinions
- Carr v. WallaceSupreme Court of Pennsylvania · 1838
- Lewis v. CarstairsSupreme Court of Pennsylvania · 1841
- M'Kelvey v. TrubySupreme Court of Pennsylvania · 1842