Huffman v. McCrea
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, brought September 22d 1857, by John McCrea against John Kuhn, John Huffman, Daniel Doverspike and Andrew Fjreman, for a tract of 226 acres of land, in Red Bank and Mahoning townships ; Mahoning creek ran through the tract. That part on the north side of the creek was claimed by John Kuhn.
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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, brought September 22d 1857, by John McCrea against John Kuhn, John Huffman, Daniel Doverspike and Andrew Fjreman, for a tract of 226 acres of land, in Red Bank and Mahoning townships ; Mahoning creek ran through the tract. That part on the north side of the creek was claimed by John Kuhn. When' the ease was called for trial, December 15th 1863,appeared that Kuhn had died since the suit had been brou0nt, and that there had been no substitution; the jury was…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Thompson, C. J.
The learned judge charged the jury peremptorily that the defendants, the plaintiffs in error, had failed to make out a defence, under the Statute of Limitations, against the plaintiff’s right to recover. If any essential element in such a defence were wanting, it was proper so to charge, as we have more than once held: 7 Casey 120; 10 Id. 304.
The assignment of error to this charge was not on account of the rule, but upon a supposed error as to the facts. Wherein the error consisted in this particular I have not been…
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