Brotherton v. Livingston
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Adams county. Adam Livingston and John Livingston against John Brother-ton, Sr., John Brotherton, Jr., Daniel Bittinger, and-Lutz. Ejectment for 350 acres of land in Franklin township, Adams county.
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ERROR to the Common Pleas of Adams county. Adam Livingston and John Livingston against John Brother-ton, Sr., John Brotherton, Jr., Daniel Bittinger, and-Lutz. Ejectment for 350 acres of land in Franklin township, Adams county. The plaintiff gave in evidence, a warrant for 400 acres to John Sample, of the 24th of March 1794; survey, December 1795: 6th of October 1815, deed, John Sample to James Hamilton, recorded 17th of June 1816: 29th of January 1816, deed, James Hamilton to Adam Livingston, recorded 17th of June 1816. It was admitted that the plaintiffs were the heirs at law of Adam…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
There was no reason for an exception to the refusal of the motion to direct a verdict for Lutz and Bittinger, to have them examined as witnesses for their co-defendants. They were included in the writ, and proved by the return of service to be in possession; so that it cannot be said there was no evidence to affect them. Even had the primh facie evidence of the return been rebutted by counter-proof, the question of possession would still have been for the jury. But as no such proof was attempted, there was no colour to say that these…
2Cases cited1 opinion
- Coxe v. BlandenSupreme Court of Pennsylvania · 1833
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