Kennedy v. Lubold
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1878, No. 287. Ejectment by Thomas B. Kennedy and Arianna S., his wife, against Daniel Lubold and Daniel Wagoner, for thirty acres of land in Wayne township, Crawford county. Number 1260 was an undrawn donation tract of 200 acres in the sixth district, Wayne township, Crawford county, Pa.
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Error to the Court of Common Pleas of Crawford county: Of October and November Term 1878, No. 287. Ejectment by Thomas B. Kennedy and Arianna S., his wife, against Daniel Lubold and Daniel Wagoner, for thirty acres of land in Wayne township, Crawford county. Number 1260 was an undrawn donation tract of 200 acres in the sixth district, Wayne township, Crawford county, Pa. This tract was settled about 1819, by Samuel Evans and Jacob Reese, who resided upon, cultivated and improved the same. About 1830, Samuel Evans conveyed his interest in the land to Charles Ferris. Jacob Reese, the other…
1Opinion of the CourtChief Justice Agnew
These two cases were argued together. They seem to have been tried upon the doctrine of leaving first principles and going on to perfection. But old surveys are not to bo so tested. Most perfect in the beginning they are constantly undergoing change and decay, until by wind, fire, rottenness, and the acts and frauds of men, their evidences lie only in memory and hearsay. Hence when the learned judge said of the acts of the surveyors, who forty years before wont upon the ground, ran the lines, blocked the trees, counted the growths, found original marks, and pronounced the hickory the numbered…
2Cases cited4 opinions
- Caufman v. Presbyterian Congregation of Cedar SpringSupreme Court of Pennsylvania · 1813
- Nieman v. WardSupreme Court of Pennsylvania · 1841
- Dunn v. RalyeaSupreme Court of Pennsylvania · 1843
- Smith v. MooreSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Collins v. CloughSupreme Court of Pennsylvania · 1909
- Deppen v. BogarSuperior Court of Pennsylvania · 1898
- Newcomer v. South Fayette Coke Co., Pennsylvania Court of Common Pleas, Fayette County1932
- Plum Hollow Hunting Club & Henry, D v. Fraker, J.Superior Court of Pennsylvania · 2016
- Plum Hollow Hunting Club v. Dillman, LSuperior Court of Pennsylvania · 2016