Commonwealth v. Shepard
Supreme Court of Pennsylvania
Error to the Common Pleas of Bradford county. This was an action brought against the Commonwealth by Job Shepard, in pursuance of the provisions of the “Act for the purpose of adjusting the titles to land in Bedford and Ulster townships, in Luzerne and Lycoming counties,” And the following case was stated, to be considered in the nature of a special verdict.
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Error to the Common Pleas of Bradford county. This was an action brought against the Commonwealth by Job Shepard, in pursuance of the provisions of the “Act for the purpose of adjusting the titles to land in Bedford and Ulster townships, in Luzerne and Lycoming counties,” And the following case was stated, to be considered in the nature of a special verdict. “On the 17th May 17S5 a warrant issued to Timothy Pickering, Samuel Hodgdon, Tench Cox and Duncan Ingraham, for 400 acres of land, No. 32. On the 6th July, 1785, a survey of four hundred and thirty-one acres, was made in pursuance of said…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Granting forthe sake of the argument, what"we do not decide, that the right of action was in Timothy Pickering, as surviving trustee, and subsequently in his executors, the question is whether it can have been transferred to the plaintiff, not by.an open and direct assignment, for that will not be pretended, but incidentally, by a conveyance of the land for which compensation is demanded? Under a conveyance in 1830 from John Pickering, the heir, at law, and another in 1831 from the executors of Timothy Pickering, the plaintiffsues for…
2Cases cited4 opinions
- President of Schuylkill Navigation Co. v. ThoburnSupreme Court of Pennsylvania · 1821
- Edgar v. BoiesSupreme Court of Pennsylvania · 1824
- Evans v. CommonwealthSupreme Court of Pennsylvania · 1816
- Miller v. DwillingSupreme Court of Pennsylvania · 1826