Barclay v. Howell
United States Circuit Court
At law. This was an ejectment [by the lessee of R. H. Howell against Barclay, Florence, and Cotter, officers of the corporation of Pittsburg] to recover a messuage, lot, piece or parcel of land, lying between Water street and. the Monongahela river in the city of Pittsburg. [The action was begun in the district court for the western district of Pennsylvania, and removed to this court, under Act March 3, 1821. Heard on objections to evidence. Objections sustained.
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At law. This was an ejectment [by the lessee of R. H. Howell against Barclay, Florence, and Cotter, officers of the corporation of Pittsburg] to recover a messuage, lot, piece or parcel of land, lying between Water street and. the Monongahela river in the city of Pittsburg. [The action was begun in the district court for the western district of Pennsylvania, and removed to this court, under Act March 3, 1821. Heard on objections to evidence. Objections sustained. Verdict for plaintiff. Motion for new trial denied, and judgment on the verdict. This was reversed by the supreme court in Barclay…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The evidence offered is altogether inadmissible. The authority of Woods was confined to laying off this town, which of course included the acts of surveying and plotting the lots and streets, so as to exhibit a plan of the town. His work, when completed, was binding upon no person until it received the confirmation of the owner of the ground, either expressly, or to be presumed from his subsequent acts. Woods so understood his authority, for he returned the survey, soon after it was made, to Mr. Francis, who by his letter to Woods in Sept., 1784, approved and…
2Cases cited5 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Peck v. SmithSupreme Court of Connecticut · 1814
- Doane v. Broad Street Ass'nMassachusetts Supreme Judicial Court · 1810
- Jackson v. HasbrouckNew York Supreme Court · 1810
- Hawn v. NorrisSupreme Court of Pennsylvania · 1811