Thompson v. Mattern
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Centre county: Of January Term 1887, No. 135. This was an action of ejectment in the nature of an appeal from the decision of the Board of Property, under the provisions of the 11th section of the Act of April 3d, 1792, 3 Smith’s Laws, 74 (Purdon’s Digest, 1026, pi. 9), in which John B. Mattern and George Mattern were plaintiffs and Moses Thompson and John I. Thompson were defendants.
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Error to the Court of Common Pleas of Centre county: Of January Term 1887, No. 135. This was an action of ejectment in the nature of an appeal from the decision of the Board of Property, under the provisions of the 11th section of the Act of April 3d, 1792, 3 Smith’s Laws, 74 (Purdon’s Digest, 1026, pi. 9), in which John B. Mattern and George Mattern were plaintiffs and Moses Thompson and John I. Thompson were defendants. The following are the facts of the case as they appeared on the trial before Simonton, P. J., of the 12th Judicial District. On September 24th, 1792, the commonwealth…
1Opinion of the CourtJustice Gordon
We are entirely satisfied with the rulings of the learned judge of the court below on the main points involved in this ease. That the Board of Property made a mistake in awarding the patent to the defendants, we have no doubt, for the fee to the body of the land in controversy was clearly in the plaintiffs. Nevertheless, we think there was an error in directing a general verdict for the plaintiffs without a reservation of the defendants’ ore right. That right is found in the deed of Irvin and the Thompsons to the Matterns, dated August 22d, 1857. The language of the reservation is, inter…
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