Legal Opinion

Truby v. Seybert

Supreme Court of Pennsylvania

Decided September 15, 1849PublishedCited by 23 opinions

Error to the Common Pleas of Armstrong. This was an action of ejectment, brought by Sebastian Seybert against Jacob Truby, to recover 100 acres of land, being the settler’s part of the Samuel Campbell warrant, which Truby had entered into articles with Seybert to sell to him. Truby derived his title to the land in dispute from a sheriff’s sale of three hundred acres, in a certain case of Truby v. McIntyre and others.

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Error to the Common Pleas of Armstrong. This was an action of ejectment, brought by Sebastian Seybert against Jacob Truby, to recover 100 acres of land, being the settler’s part of the Samuel Campbell warrant, which Truby had entered into articles with Seybert to sell to him. Truby derived his title to the land in dispute from a sheriff’s sale of three hundred acres, in a certain case of Truby v. McIntyre and others. The defence set up by Truby to this action was, that the survey upon the ground, under the Samuel Campbell warrant, excluded the forty acres, the land really in dispute, embraced…

1Opinion of the Court

The opinion of this Court was delivered by

Bell, J.

The proceeding had in Campbell against Truby being inter alios acta, the record of the trial, verdict and judgment was not, of course, admissible in this action to prove any fact upon which that judgment professes to be founded. Seybert, the plaintiff below, could not have been in any event prejudiced by the verdict there rendered, and therefore, under the familiar rule, he cannot avail himself of it, standing alone against his antagonist; for, as between them, the question is res nova, although the title in dispute may turn on the same point:…

2Cases cited2 opinions

  1. Darlington v. GraySupreme Court of Pennsylvania · 1840
  2. M'Clelland v. LindsaySupreme Court of Pennsylvania · 1841

3Cited by23 opinions

  1. Commonwealth v. Monongahela Bridge Co.Supreme Court of Pennsylvania · 1906
  2. Fessman EstateSupreme Court of Pennsylvania · 1956
  3. Lapayowker v. Lincoln College Preparatory SchoolSupreme Court of Pennsylvania · 1956
  4. Cherry v. MitoskySupreme Court of Pennsylvania · 1945
  5. Hess v. Vinton Colliery Co.Supreme Court of Pennsylvania · 1916

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