Legal Opinion

Stump v. Findlay

Supreme Court of Pennsylvania

Decided October 31, 1828PublishedCited by 21 opinions

Error to the Court of Common Pleas of Franklin county. John Findlay, .Samuel Findlay, John Palmer, and Mary, his wife, who was formerly Mary Findlay, the plaintiffs below, and defendants in error, brought an-action of ejectment for one hundred and thirty-two 'acres and ninety-nine perches of land, against John Stump, John Myers, and their tenant, the defendants below, and plaintiffs in error. The jury found a verdict for the plaintiffs below.

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Error to the Court of Common Pleas of Franklin county. John Findlay, .Samuel Findlay, John Palmer, and Mary, his wife, who was formerly Mary Findlay, the plaintiffs below, and defendants in error, brought an-action of ejectment for one hundred and thirty-two 'acres and ninety-nine perches of land, against John Stump, John Myers, and their tenant, the defendants below, and plaintiffs in error. The jury found a verdict for the plaintiffs below. The title of the' plaintiffs below was as follows: In 1765, John Findlay, Sen. the father of the plaintiffs below, claimed five hundred acres of land,…

1Opinion of the Court

The opinion of the court* (Duncan, J. taking no part, having been counsel for the plaintiffs .in error, and Tod, J. also taking no part, having ruled the cause below,) was delivered by

Gibson, C. J.

— The essential fact's of the case are these: In 1765, John Findlay claimed five hundred acres of land, including, the premises in dispute, on a warrant for one hundred acres; and had procured Samuel Lyon,■ an assistant of the deputy surveyor, to make a survey of his claim; a rough draft of which, without date, or reference to any authority, or office title, was found in the' office of the deputy.…

2Cited by21 opinions

  1. Guthrie's AppealSupreme Court of Pennsylvania · 1861
  2. Hickman's EstateSupreme Court of Pennsylvania · 1932
  3. Estate of MossSuperior Court of Pennsylvania · 1923
  4. Shaffer's EstateSupreme Court of Pennsylvania · 1918
  5. Howbert v. CauthornSupreme Court of Virginia · 1902

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