Legal Opinion

Kaul v. Lawrence

Supreme Court of Pennsylvania

Decided May 17, 1873PublishedCited by 10 opinions

Error to the court of Common Pleas of JERh county: No. 23, to January Term 1872. This was an ejectment for 500 acres of land, the east half of warrant No. 4883, in Benzinger township, Elk county, formerly Shippen township, McKean county; the action was commenced July 16th 1867, by John J. Lawrence and A. J. Cassatt, against John Kaul, Ignatius Garner and a large number of other defendants, several of whom afterwards disclaimed as to parts of the land.

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Error to the court of Common Pleas of JERh county: No. 23, to January Term 1872. This was an ejectment for 500 acres of land, the east half of warrant No. 4883, in Benzinger township, Elk county, formerly Shippen township, McKean county; the action was commenced July 16th 1867, by John J. Lawrence and A. J. Cassatt, against John Kaul, Ignatius Garner and a large number of other defendants, several of whom afterwards disclaimed as to parts of the land. On the 16th of January 1868, on motion of plaintiff’s counsel, the record was amended “ by adding the name of Alfred L. Tyler as plaintiff, he…

1Opinion of the Court

The opinion of the court was delivered, May 17th 1873, by

Agnew, J.

After having given evidence of a treasurer’s sale *416and laid the usual ground by proof of a diligent and fruitless search for the treasurer’s deed, the plaintiffs offered the record in the prothonotary’s docket, of the acknowledgment of the deed, to prove its existence and contents. To this the defendants excepted, but we think without sufficient reason. This is the usual and proper mode of proving the existence of the deed, and identity of the land sold and conveyed by the treasurer. The case has been argued in this court, on…

2Cited by10 opinions

  1. Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
  2. LaBar v. New York, Susquehanna & Western RailroadSupreme Court of Pennsylvania · 1907
  3. Allen v. Tuscarora Valley RailroadSupreme Court of Pennsylvania · 1910
  4. Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
  5. Riverwatch Condominium Owners Ass'n v. Restoration Development Corp.Commonwealth Court of Pennsylvania · 2009

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