Treaster v. Fleisher
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Centre county. George Treaster against Peter Fleisher. This was an action of ejectment for 200 acres of land. The plaintiff claimed under a warrant dated the 17th October 1831, regularly executed and returned; the defendant, under a warrant dated 30th July 1794, also regularly executed and returned, but it was a matter of fact tried in the cause, whether the defendant’s warrant covered the land in dispute.
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ERROR to the Common Pleas of Centre county. George Treaster against Peter Fleisher. This was an action of ejectment for 200 acres of land. The plaintiff claimed under a warrant dated the 17th October 1831, regularly executed and returned; the defendant, under a warrant dated 30th July 1794, also regularly executed and returned, but it was a matter of fact tried in the cause, whether the defendant’s warrant covered the land in dispute. In order to make out the defendant’s chain of title, he offered in evidence a mortgage of Robert Morris to Jeremiah Parker, dated 21st May 1796, entered in…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
On one point the direction was clearly wrong. Parker, under whom the defendant claims, had sold the land to the plaintiff, owning then, as now, an adverse title, and had recovered a conditional verdict and judgment in an action of ejectment brought to enforce payment of the purchase money. It was not paid at the day appointed by the verdict, and Parker regained the possession by an execution. The plaintiff, in turn, brought an action of ejectment on his adverse title, and failed; and on these facts the Judge charged in this second…
2Cases cited3 opinions
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Youst v. MartinSupreme Court of Pennsylvania · 1817
- Menges v. OysterSupreme Court of Pennsylvania · 1842
3Cited by9 opinions
- Britton v. ThorntonSupreme Court of the United States · 1884
- In re PolsgroveSupreme Court of Pennsylvania · 1847
- Erwin v. MyersSupreme Court of Pennsylvania · 1863
- Crumley v. LutzSupreme Court of Pennsylvania · 1897
- Chase v. IrvinSupreme Court of Pennsylvania · 1878
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