Brentlinger v. Hutchinson
Supreme Court of Pennsylvania
WRIT of error to the common pleas of Indiana county. Ejectment for a tract of land by William Hutchinson and others, against Jacob Brentlinger. The facts of the case, which gave rise to the only question of law which was argued and determined, were thus accurately stated by his honour, who delivered the opinion of the court.
Read the full summary
WRIT of error to the common pleas of Indiana county. Ejectment for a tract of land by William Hutchinson and others, against Jacob Brentlinger. The facts of the case, which gave rise to the only question of law which was argued and determined, were thus accurately stated by his honour, who delivered the opinion of the court. The defendants in error were the plaintiffs below, and claimed the land in dispute under a settlement right, and as the heirs of David Hutchinson, their father. A certain Thomas Tate, about 1800 or 1801, built a house upon th'e land, and moved into it with his family,…
1Opinion of the Court
*48The opinion of the court was delivered by
Kennedy, J.
Seven errors have been assigned.by the plaintiffin error, none of which, excepting the sixth, are considered sustainable by this court. Indeed, the sixth is the only one that was pressed and relied on by his counsel, at the time of argument here.
The sixth error is, that the court below, in their charge to the jury, directed them that they ought not to presume an abandonment by Hutchinson of his settlement right to the land in dispute.
From 1811, the time when the wife and son of David Hutchinson were on the land and left it last, until the…
2Cases cited5 opinions
- Cluggage v. Lessee of DuncanSupreme Court of Pennsylvania · 1814
- Lessee of Smith v. BrownSupreme Court of Pennsylvania · 1795
- Lessee of M'Laughlin v. MayburySupreme Court of Pennsylvania · 1808
- Watson v. GildaySupreme Court of Pennsylvania · 1824
- Smith v. OliverSupreme Court of Pennsylvania · 1824
3Cited by7 opinions
- Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
- Emery v. SpencerSupreme Court of Pennsylvania · 1854
- Raush v. MillerSupreme Court of Pennsylvania · 1855
- Whitcomb v. HoytSupreme Court of Pennsylvania · 1858
- Grant v. AllisonSupreme Court of Pennsylvania · 1862
2 more not listed; retrieve them via the Exa API.