Legal Opinion

Ament's v. Wolf

Supreme Court of Pennsylvania

Decided July 1, 1859Published

Error, to the Court of Common Pleas of Westmoreland county. Ejectment by plaintiff in error, for forty acres of land in Franklin Township. This case was once before in this court, brought by the other party; a report of which will be found, ante, 150. The plaintiff in this case is the executor of Anthony Ament, deceased, to whom power was given in the will to sell. Ament claimed under Euphan Moorhead, the warrantee.

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Error, to the Court of Common Pleas of Westmoreland county. Ejectment by plaintiff in error, for forty acres of land in Franklin Township. This case was once before in this court, brought by the other party; a report of which will be found, ante, 150. The plaintiff in this case is the executor of Anthony Ament, deceased, to whom power was given in the will to sell. Ament claimed under Euphan Moorhead, the warrantee. On the 26th June, 1786, Euphan Moorhead obtained a warrant for three hundred acres, including an improvement interest from 1st of March, 1776, on which a survey was made on 24th…

1Opinion of the Court

The opinion of the Court was delivered by

Woodward, J.

— We thought the only question in this cause was effectually decided when it was here before, but the counsel have brought it up again and have appealed to us very earnestly to reverse our former decision. We have no right to complain of this, for it is no more than the losing party in an ejectment has a right to do. Besides, if our former judgment were sound it will bear to be reviewed, and if it were not sound it is well for us to have' an opportunity to correct it in the very case in which it was pronounced.

It is the case of clashing…

2Cases cited3 opinions

  1. Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
  2. Hockenbury v. SnyderSupreme Court of Pennsylvania · 1841
  3. Thompson v. MilfordSupreme Court of Pennsylvania · 1838

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