Ross v. Barker
Supreme Court of Pennsylvania
ERROR to Beaver county. This was an action of ejectment by William Barker against Samuel Ross and others. The plaintiff gave in evidence a warrant dated the 3d of April 1792, in the name of William Barker, and another of the same date in the name of Joseph Williams adjoining, which were executed and surveys made in 1794. The defendants relied upon an application of William Williams, dated the 21st vof May 1804, for a vacating warrant for 400 acres, containing parts of the…
Read the full summary
ERROR to Beaver county. This was an action of ejectment by William Barker against Samuel Ross and others. The plaintiff gave in evidence a warrant dated the 3d of April 1792, in the name of William Barker, and another of the same date in the name of Joseph Williams adjoining, which were executed and surveys made in 1794. The defendants relied upon an application of William Williams, dated the 21st vof May 1804, for a vacating warrant for 400 acres, containing parts of the above warranted tracts; also an application dated the 28th of January 1807, stating that Williams had sold to Ross &…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The rejection of the depositions has not been a subject of particular reliance; nor does there seem to be colour for the exceptions to which it gave birth. It was not explicitly shown, as it ought to have been, that the depositions were taken in a conflict between the same titles. One of the defendants in the former ejectment was in possession under a stranger, whose title does not appear; and, as no defence was made at the trial, he and the other defendants may have been naked intruders. Nor was there competent proof of the filing…
2Cases cited10 opinions
- Huidekoper's Lessee v. DouglassSupreme Court of the United States · 1805
- M'Call v. NeelySupreme Court of Pennsylvania · 1834
- Bedford v. ShillingSupreme Court of Pennsylvania · 1818
- Campbell v. GalbreathSupreme Court of Pennsylvania · 1832
- Duer v. BoydSupreme Court of Pennsylvania · 1814
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Herron v. DaterSupreme Court of the United States · 1887
- Jackman v. RinglandSupreme Court of Pennsylvania · 1842
- Lloyd v. LynchSupreme Court of Pennsylvania · 1857
- Murphy v. PackerSupreme Court of the United States · 1894
- Lessee of Jones v. AndersonSupreme Court of Pennsylvania · 1808