Legal Opinion

Irwin v. Heirs

Supreme Court of Pennsylvania

Decided September 15, 1849PublishedCited by 7 opinions

Error to the District Court of Allegheny. Sept. 7. This title was before the Supreme Court at the September Term, 1835, and was then adjudicated upon, under what state of facts may be seen in the report of the case: Eetterman v. Murphy, 4 W. 424. Since then, in 1847, Messrs.

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Error to the District Court of Allegheny. Sept. 7. This title was before the Supreme Court at the September Term, 1835, and was then adjudicated upon, under what state of facts may be seen in the report of the case: Eetterman v. Murphy, 4 W. 424. Since then, in 1847, Messrs. Eetterman and Metcalf, the then plaintiffs, have reconveyed their several interests in the premises to the heirs of Nixon, the present plaintiffs; and John Murphy, the then defendant, in 1836 conveyed his interest to James B. Irwin, the present defendant, for the price of $5,100. In 1844, Mr. Irwin erected buildings on…

1Opinion of the Court

The opinion of this court was delivered by

Rogers, J.

The title, which is now the subject of controversy, has been already tried and'adjudicated on writ of error to the Supreme Court, and this is an action of ejectment by the unsuccessful party, with the avowed object of reversing the judgment then rendered. The Judge of the District Court says, “ This very title was in the Supreme Court several years ago, in the case of Fetterman v. Murphy, 4 W. 424, and was then decided to be good on the points then raised. And it would seem the facts before the court were substantially the same as now.” The…

2Cases cited1 opinion

  1. Harris v. DennieSupreme Court of the United States · 1830

3Cited by7 opinions

  1. Scott v. Waynesburg Brewing Co.Supreme Court of Pennsylvania · 1917
  2. Groyer v. BoonSupreme Court of Pennsylvania · 1889
  3. Shearer v. NaftzingerSuperior Court of Pennsylvania · 1998
  4. Commonwealth v. KeenanSuperior Court of Pennsylvania · 1928
  5. Bell v. Payamps, Pennsylvania Court of Common Pleas, Philadelphia County1944

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