Blaine's Lessee v. Chambers
Supreme Court of Pennsylvania
THIS cause was tried in the Circuit Court for Cumberland county, in May, 1808, before the late Judge Smith There was a verdict for the plaintiff, and a motion by the defendant for a new trial, which was over-ruled. The defendant appealed from the judge’s decision, and thus the cause was brought before this Court.
Read the full summary
THIS cause was tried in the Circuit Court for Cumberland county, in May, 1808, before the late Judge Smith There was a verdict for the plaintiff, and a motion by the defendant for a new trial, which was over-ruled. The defendant appealed from the judge’s decision, and thus the cause was brought before this Court. The land in controversy, consisting of between two and three acres, was part of a large quantity belonging to John Chambers deceased, who made his will in the year 1756, and devised all his land to his sons Randle, William, (the defendant) and John (under whom the plaintiff claimed)…
1Opinion of the Court
Tilguman C. J.
(After stating the case.) It has been contended before us that a new trial should be granted, on account of the misdirection of the judge. Whether the land passed by the devise to John Chambers was proper to be left to the jury; but the question is whether it was not left with observations tending to mislead them. It appears to me that too much stress was laid on the circumstance of S3 acres passing under the devise of SO. - The jury might have been permitted to decide whether by the custom of the country in 1756 this devise included 8 acres as an allowance for roads,' &c.,…
2Cited by5 opinions
- Comstock v. . JohnsonNew York Court of Appeals · 1871
- Strickler v. ToddSupreme Court of Pennsylvania · 1823
- Grubb v. GuilfordSupreme Court of Pennsylvania · 1835
- Hathorn v. StinsonSupreme Judicial Court of Maine · 1833
- Voorhees v. BurchardNew York Court of Appeals · 1873