Beam v. Gardner
Superior Court of Pennsylvania
Appeal, No. 38, May T., 1901, by plaintiff, from judgment of C. P. Butler Co., May T., 1901, No. 96, on verdict for defendant in case of Samuel Beam v. Edward Gardner. Ejectment for 175 acres of land in Washington township. Before Greer, J. At the trial it appeared that plaintiff claimed title as purchaser in partition proceedings. The land belonged to the heirs of James Gardner, who did not accept the allotments.
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Appeal, No. 38, May T., 1901, by plaintiff, from judgment of C. P. Butler Co., May T., 1901, No. 96, on verdict for defendant in case of Samuel Beam v. Edward Gardner. Ejectment for 175 acres of land in Washington township. Before Greer, J. At the trial it appeared that plaintiff claimed title as purchaser in partition proceedings. The land belonged to the heirs of James Gardner, who did not accept the allotments. Plaintiff made the following offer: Plaintiff offered in evidence orphans’ court docket No. 1, page 349, being a petition presented to the orphans’ court by Jacob McAnallen,…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of ejectment for a tract of 175 acres, being part of a larger tract known as lot No. 15 in the Second Donation District containing about 375 acres. The evidence adduced by the plaintiff, if believed by the jury, would have warranted them in finding the following facts: James Gardner was the first settler upon lot No. 15, having gone into possession in 1829 or 1830, claiming to have a conveyance for the entire tract. The fact that he had in his possession what purported to be a deed, or an assignment of a deed for the tract was testified to by his sons,…
2Cases cited11 opinions
- Turner v. ReynoldsSupreme Court of Pennsylvania · 1854
- Mobley v. BrunerSupreme Court of Pennsylvania · 1868
- Cook v. NicholasSupreme Court of Pennsylvania · 1841
- Jones v. BlandSupreme Court of Pennsylvania · 1887
- Susquehanna & Wyoming Valley Railroad & Coal Co. v. QuickSupreme Court of Pennsylvania · 1871
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3Cited by1 opinion
- Tucker v. McMenaminSuperior Court of Pennsylvania · 1912