Barnes v. Irvine
Supreme Court of Pennsylvania
ERROR to the common pleas of Warren county. This was an action of ejectment by Callender Irvine against Sala S. Barnes, for a tract of land in Warren county. The plaintiff claimed under a warrant to William Irvine, dated the 25th of April 1792, for which the purchase money was then paid in part. Upon the death of the warrantee the land descended to his heirs, who, in 1824, conveyed to the plaintiff.
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ERROR to the common pleas of Warren county. This was an action of ejectment by Callender Irvine against Sala S. Barnes, for a tract of land in Warren county. The plaintiff claimed under a warrant to William Irvine, dated the 25th of April 1792, for which the purchase money was then paid in part. Upon the death of the warrantee the land descended to his heirs, who, in 1824, conveyed to the plaintiff. A survey was made on the 14th of April 1830, which was returned and accepted on the 11th of October 1830. On the 6th of October 1S31, the balance of the purchase money was paid. No settlement had…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
My brother Rogers and myself came with extreme reluctance, to the conclusion pronounced in Campbell v. Gal-breath. We anticipated, what has since been too faithfully realised, that it would open, to a ruinous extent, the sources of litigation that had been closed by the decision in Skeen v. Pearce. But, though we concurred in the judgment, we concurred in only one of the reasons for it. Tq trace the point of our partial divergence then, and to develope the reasons of our entire departure now, requires a statement of the positions that were…
2Cases cited2 opinions
- Attorney-General VSupreme Court of the United States · 1792
- Fowle v. Corporation of AlexandriaU.S. Circuit Court for the District of District of Columbia · 1827
3Cited by1 opinion
- Wilson v. HornerSupreme Court of Pennsylvania · 1868