Legal Opinion

Bell v. Hartley

Supreme Court of Pennsylvania

Decided July 15, 1842PublishedCited by 4 opinions

ERROR to the Common Pleas of Susquehanna county. William Hartley against Calvin Bell. This was an action of ejectment for a tract of land, containing.100 acres, for which the plaintiff gave in evidence a regular chain of title from the commonwealth down to himself.

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ERROR to the Common Pleas of Susquehanna county. William Hartley against Calvin Bell. This was an action of ejectment for a tract of land, containing.100 acres, for which the plaintiff gave in evidence a regular chain of title from the commonwealth down to himself. The defendant claimed under a possession first taken of it by his father, in 1799, after purchasing a small improvement made upon it by a Bryant Robinson; who, from the time he took possession in 1799, continued to reside thereon with his family until 1814 or 1815, when he sold it to the defendant, in consideration that the latter…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

— If the evidence offered had tended to prove a tenancy or holding of the land, on the part of Bell, the father, under Fields, it might, perhaps, have been admissible, notwithstanding the great lapse of time, so as to have left it to the jury to say what bearing it had on the fact of an ouster having been committed by Bell, and his having had an adverse possession of the land 21 years before the institution of this action. But we are clearly of opinion that it could not be regarded as having any such tendency. It did not even show the…

2Cases cited4 opinions

  1. Criswell v. AltemusSupreme Court of Pennsylvania · 1838
  2. Royer v. BenlowSupreme Court of Pennsylvania · 1823
  3. Sailor v. HertzogSupreme Court of Pennsylvania · 1839
  4. Farmers & Mechanics' Bank v. WilsonSupreme Court of Pennsylvania · 1840

3Cited by4 opinions

  1. Hole v. RittenhouseSupreme Court of Pennsylvania · 1859
  2. Dikeman v. ParrishSupreme Court of Pennsylvania · 1847
  3. Wolf v. Ament'sSupreme Court of Pennsylvania · 1854
  4. Porter v. M'GinnisSupreme Court of Pennsylvania · 1843

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