Epley v. Witherow
Supreme Court of Pennsylvania
WRIT of error to the special court of Jldams county. This was an action of ejectment by David Witherow against Samuel B. Epley, eldest son and heir at law of Peter Epley deceased, against whom the original action was brought to recover the undivided moiety of one hundred and fifty acres of land, with a merchant mill, saw mill, &c., thereon erected. The parties claimed under the same original title which was in Christian Routzong.
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WRIT of error to the special court of Jldams county. This was an action of ejectment by David Witherow against Samuel B. Epley, eldest son and heir at law of Peter Epley deceased, against whom the original action was brought to recover the undivided moiety of one hundred and fifty acres of land, with a merchant mill, saw mill, &c., thereon erected. The parties claimed under the same original title which was in Christian Routzong. The plaintiff gave in evidence a deed dated 16th of March 1812, from Christian Routzong to David Witherow the plaintiff and Samuel Witherow* The defendant then gave…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Among the many errors assigned, there are two, and only two, either of which, we think, is fatal to the judgment of the court below ; they are the seventh, and fourteenth or last; the *166other errors cannot be sustained, and will be passed without further notice, with the exception of two or three of them.
First, As to the second error, which is a bill of exception to the opin* ion of the court in refusing to permit the plaintiff in error, who was the defendant below, to prove by John Stockslayer, that David Witherow and Peter Epley were both…
2Cases cited5 opinions
- Livingston v. ByrneCourt for the Trial of Impeachments and Correction of Errors · 1814
- Kerns v. SwopeSupreme Court of Pennsylvania · 1833
- Higinbotham v. BurnetNew York Court of Chancery · 1821
- Covert v. IrwinSupreme Court of Pennsylvania · 1817
- Nass v. VanswearingenSupreme Court of Pennsylvania · 1823
3Cited by7 opinions
- Hill v. EpleySupreme Court of Pennsylvania · 1858
- Knouff v. ThompsonSupreme Court of Pennsylvania · 1851
- M'Kelvey v. TrubySupreme Court of Pennsylvania · 1842
- Miller v. CressonSupreme Court of Pennsylvania · 1843
- Sumner v. SeatonNew Jersey Court of Chancery · 1890
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