Legal Opinion

Thompson v. Smith

Supreme Court of Pennsylvania

Decided September 11, 1821PublishedCited by 5 opinions

In Error. ERROR to the Court of Common Pleas of Westmoreland county. This was an ejectment brought by Samuel Thompson and Jane his wife, and David M1-Briar and Elizabeth his wife, heirs of Archibald Lochrey, deceased, against George Smith, and the question in the case arose upon the Act of Limitations.

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In Error. ERROR to the Court of Common Pleas of Westmoreland county. This was an ejectment brought by Samuel Thompson and Jane his wife, and David M1-Briar and Elizabeth his wife, heirs of Archibald Lochrey, deceased, against George Smith, and the question in the case arose upon the Act of Limitations. The title of Jane Thompson and Elizabeth M.1-Briar, first accrued during their infancy,.more than twenty-one years before the commencement of this suit, and this suit was not commenced more than ten years from the time of their attaining full age. But having married during their infancy, it was…

1Opinion of the CourtTilgiiman, C. J.

[After stating the point.]—The point has never been decided by this Court; it is of considerable importance, and not free from difficulty. Before I consider the Act of Assembly, it may be proper to mention, that the limitation of actions for the recovery of real property is es*210sentid to the peace of society, and therefore the construction of S-atutes on that subject, ought not to be extended by equity, so as to contravene the main object of the Legislature, by keeping up the uncertainty of title, for a great, and indefinite length of time.

Our Statute, made the 26th March, 1785, follows with…

2Cases cited3 opinions

  1. Bush v. BradleySupreme Court of Connecticut · 1810
  2. Eager v. CommonwealthMassachusetts Supreme Judicial Court · 1808
  3. Jackson ex dem. Roosevelt v. WheatNew York Supreme Court · 1820

3Cited by5 opinions

  1. Mercer v. WatsonSupreme Court of Pennsylvania · 1833
  2. Blackwell's Adm'r v. BraggSupreme Court of Virginia · 1884
  3. Bensell v. ChancellorSupreme Court of Pennsylvania · 1840
  4. Rankin v. TenbrookSupreme Court of Pennsylvania · 1837
  5. Parsons v. M'CrackenSupreme Court of Virginia · 1838

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