Sheaffer v. Eakman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county No. 8, to October and November Term 1867. This-was an action of ejectment, in which Catharine Sheaffer, who was widow and devisee of Peter Sheaffer, deceased, was plaintiff and Peter Eakman, Edward W. Schenley and Mary E. bis wife, and Matthew Scott, were defendants. The writ was issued May 19th 1859, for 20 acres of land in Allegheny township, Armstrong county.
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Error to the Court of Common Pleas of Armstrong county No. 8, to October and November Term 1867. This-was an action of ejectment, in which Catharine Sheaffer, who was widow and devisee of Peter Sheaffer, deceased, was plaintiff and Peter Eakman, Edward W. Schenley and Mary E. bis wife, and Matthew Scott, were defendants. The writ was issued May 19th 1859, for 20 acres of land in Allegheny township, Armstrong county. The case had been tried and a verdict and judgment rendered for the plaintiff; the judgment was reversed by the Supreme Court, and a venire de novo awarded ; it was again tried,…
1Opinion of the Court
The opinion of the court was delivered, November 7th 1867, by
Strong, J.
There were two prominent questions in this case, both questions of fact. The first was whether the land in con*150troversy was included in what is called the Montgomery survey, the title to which has become vested in the defendants. This involved the inquiry where was the dividing line between that survey and the tract of land patented to Peter Sheaffer, under whom the plaintiff claims. It was therefore substantially a question of location. The second prominent question was whether the defendants had acquired a title under the…
2Cited by10 opinions
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- Stonecipher v. KeaneSupreme Court of Pennsylvania · 1920
- Fischer v. AndersonSuperior Court of Pennsylvania · 1953
- Hutchison v. Little Four Oil & Gas Co.Supreme Court of Pennsylvania · 1923
- Lucas v. WhiteSupreme Court of Iowa · 1903
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