Miller v. Keene
Supreme Court of Pennsylvania
ERROR to the common pleas of Tioga county. This was an action of ejectment by Sarah L. Keene against Wright Lownsbury, Amos Spencer, Leander K. Spencer, Mehitable Miller, Orin Noble, Aaron Gilbert and Christopher Huntingdon for five hundred acres of Land, in which the jury found a verdict “for the plaintiff for the land described in the writ and value the improvements to Orin Noble, 355 dollars; to Wright Lownsbury, 124 dollars; to Aaron Gilbert, 24 dollars; and to Amos…
Read the full summary
ERROR to the common pleas of Tioga county. This was an action of ejectment by Sarah L. Keene against Wright Lownsbury, Amos Spencer, Leander K. Spencer, Mehitable Miller, Orin Noble, Aaron Gilbert and Christopher Huntingdon for five hundred acres of Land, in which the jury found a verdict “for the plaintiff for the land described in the writ and value the improvements to Orin Noble, 355 dollars; to Wright Lownsbury, 124 dollars; to Aaron Gilbert, 24 dollars; and to Amos Spencer, 56 dollars,” upon which judgment was rendered. Each party sued out a writ of error. The plaintiff gave evidence of…
1Opinion of the Court
The opinion of the Court wás delivered by
Gibson, C. J.
As each party has taken a writ of error, it is convenient to begin with the defendant’s assignment: and first, as to the bill of exceptions to evidence.
The plaintiff was properly permitted to refer to the survey as evidence of boundary without producing the warrant or draught. Had it been introduced to make title under it, the case would have been different; but it was an abuttal which had received a name from reputation, and it was open to either party to give evidence of it as a land mark, especially by a witness who had traced the lines…
2Cases cited3 opinions
- Comegys v. CarleySupreme Court of Pennsylvania · 1834
- Bayne v. GaylordSupreme Court of Pennsylvania · 1834
- Gilmore v. ThompsonSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Taylor v. MilesSupreme Court of Kansas · 1870
- Sailor v. HertzoggSupreme Court of Pennsylvania · 1845
- Dill v. WestbrookSupreme Court of Pennsylvania · 1910
- M'Kee v. LambertonSupreme Court of Pennsylvania · 1841
1 more not listed; retrieve them via the Exa API.