Poorman v. Kilgore
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an ejectment by Michael Poorman against Jesse Kilgore, to recover the possession of a tract of land, containing 100 acres, more or less. Poorman in 1836 was the owner of a tract of land, of which the premises in dispute are a part, and had two children, Jacob and Mary, the latter of whom was the wife of Kilgore, the defendant.
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Error to the Common Pleas of Westmoreland county. This was an ejectment by Michael Poorman against Jesse Kilgore, to recover the possession of a tract of land, containing 100 acres, more or less. Poorman in 1836 was the owner of a tract of land, of which the premises in dispute are a part, and had two children, Jacob and Mary, the latter of whom was the wife of Kilgore, the defendant. In February, 1836, Poorman leased his land to Jacob and Kilgore, to farm on the shares for two years. At the expiration of this lease Kilgore left, removing to another farm at some distance. In 1844 he entered…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
Wherever we notice a change in the administration of legal principles, gradually progressing for a considerable period and under a series of judges, it may be very safely assumed that it has a much more legitimate foundation than that of judicial arbitrariness. This is illustrated by the practice under the statute of frauds and perjuries: and we very naturally ask, how happens it that any exceptions at all have been made to a statute so *370general and so peremptory in its terms, and that judges are now so much inclined to restrict the sphere of…
2Cases cited4 opinions
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- M'Dowell v. SimpsonSupreme Court of Pennsylvania · 1834
- Goucher v. MartinSupreme Court of Pennsylvania · 1839
- Lessee of Duncan v. WalkerSupreme Court of Pennsylvania · 1793
3Cited by14 opinions
- Young v. HippleSupreme Court of Pennsylvania · 1922
- Zvonik v. ZvonikSuperior Court of Pennsylvania · 1981
- Fahringer v. Strine EstateSupreme Court of Pennsylvania · 1966
- Breniman v. BrenimanSupreme Court of Pennsylvania · 1924
- Glass v. TremellenSupreme Court of Pennsylvania · 1928
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