Legal Opinion

Swayze and Wife v. Burke

Supreme Court of the United States

Decided January 27, 1838PublishedCited by 20 opinions

IN error to the district court of the United States for the western district of Pennsylvania. The case, as stated, in the opinion of the court was as follows:— An action was instituted in the district court of the United States for the western district of Pennsylvania, by the lessor's of the plaintiffs, Gabriel Swayze and wife, citizens of the state of Mississippi; for .the recovery of a tract of land in Alleghany county, in the state of Pennsylvania, to October sessions,…

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IN error to the district court of the United States for the western district of Pennsylvania. The case, as stated, in the opinion of the court was as follows:— An action was instituted in the district court of the United States for the western district of Pennsylvania, by the lessor's of the plaintiffs, Gabriel Swayze and wife, citizens of the state of Mississippi; for .the recovery of a tract of land in Alleghany county, in the state of Pennsylvania, to October sessions, 183.3. The plaintiffs and the defendants claimed the land under a deed from John Penn, and John Penn, junior,…

1Opinion of the Court

Mr. Justice M‘Lean

delivered the opinion of the Court.

An action of ejectment was brought in the western district of Pennsylvania, by the plaintiffs against the defendants, to recover the land in controversy. Both parties claim by descent from John Ormsby, sen. who died in Alleghany county, Pennsylvania, in December, 1805. - The deceased had a son, Oliver, who survived him, and who administered on. his estate; and -a daughter, Sidney, who .married Isaac Gregg. He had also a son called John Ormsby, jun. who mai’ried in the Mississippi country,-.and died in August, 1795. Mary Swayze, the wife of…

2Cited by20 opinions

  1. Goodyear Shoe Machinery Co. v. DancelCourt of Appeals for the Second Circuit · 1902
  2. Lytle v. LansingSupreme Court of the United States · 1893
  3. Nathan E. Hooper, Louisa J. Hooper, and Amanda E. Hooper, Minors, by Absalom Fowler, Their Next Friend, in Error v. Jacob ScheimerSupreme Court of the United States · 1860
  4. Bank of America National Trust & Savings Ass'n v. Lamb Finance Co.California Court of Appeal · 1956
  5. Field v. SeaburySupreme Court of the United States · 1857

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