Legal Opinion

Coovert v. O'Conner

Supreme Court of Pennsylvania

Decided September 15, 1839PublishedCited by 17 opinions

ERROR to the common pleas of Beaver county. Samuel Coovert, Wm. Coovert and Luke Coovert against Lawrence O’Conner and Wm. Ayres. The court below thus stated the case, and charged the jury: Bredin, president.—This ejectment is instituted to recover the possession of five acres of ground, claimed by the plaintiffs, as part of lot No. 2, of 500 acres in the first donation district.

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ERROR to the common pleas of Beaver county. Samuel Coovert, Wm. Coovert and Luke Coovert against Lawrence O’Conner and Wm. Ayres. The court below thus stated the case, and charged the jury: Bredin, president.—This ejectment is instituted to recover the possession of five acres of ground, claimed by the plaintiffs, as part of lot No. 2, of 500 acres in the first donation district. The plaintiffs have given in evidence a patent from the commonwealth to Stephen Bayard, for lot No. 2 of 500 acres, first donation district, dated the 15th of December 1786; and have given in evidence a regular claim…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

We perceive no error in the principles laid down by the court below, in relation to the lines and boundaries of the patents of the parties, on which the first and second errors are assigned; and, indeed, these errors have been but faintly urged. The main point is as to the direction of the court, stated in the third and fourth errors, respecting the right of the plaintiffs, under their patent, to hold to the centre of the stream. The plaintiffs’ patent is dated the 15th' of December 1786, and, being earlier than the defendants’, has the…

2Cases cited4 opinions

  1. Carson v. BlazerSupreme Court of Pennsylvania · 1810
  2. Ball v. SlackSupreme Court of Pennsylvania · 1837
  3. Shrunk v. President of the Schuylkill Navigation Co.Supreme Court of Pennsylvania · 1826
  4. Klingensmith v. GroundSupreme Court of Pennsylvania · 1836

3Cited by17 opinions

  1. City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
  2. City of San Francisco v. CalderwoodCalifornia Supreme Court · 1867
  3. Wood v. AppalSupreme Court of Pennsylvania · 1870
  4. Leaf v. Pennsylvania Co.Supreme Court of Pennsylvania · 1920
  5. Barclay Railroad & Coal Co. v. InghamSupreme Court of Pennsylvania · 1860

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