Eister v. Paul
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuyllcill county. This was an action of ejectment brought January 7th 1858, by George Eister and Sarah his wife in her right, against Jacob Paul, for an undivided fourth of a tract of 152 acres.
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Error to the Court of Common Pleas of Schuyllcill county. This was an action of ejectment brought January 7th 1858, by George Eister and Sarah his wife in her right, against Jacob Paul, for an undivided fourth of a tract of 152 acres. The plaintiffs claimed under a warrant of December 6th 1814, to Jacob Hieter ; return of survey May 25th 1815, and patent December 9th 1816. The defendant showed no title in himself, hut set up an outstanding title in William Parker Eoulke, under a warrant of February 9th 1794, to John Strembeck, which covered the Hieter tract, and which was one of a hatch of…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The location of surveys, that is, the precise position which they were intended to occupy upon the ground, is generally a question of fact to be decided by the jury, but where the evidence is all one way, and is so satisfactory that a court would not sustain a verdict that should find against it, we will not reverse the judgment because the judge declared the true effect of the evidence instead of submitting it to the jury. If the judge mistake the effect of the evidence he commits a double error, one in withholding it from the jury,…
2Cases cited1 opinion
- Rankin v. TenbrookSupreme Court of Pennsylvania · 1836
3Cited by6 opinions
- Ferguson v. Bloom, Pennsylvania Court of Common Pleas, Clearfield County1891
- Koontz v. CommonwealthSupreme Court of Pennsylvania · 1950
- Bloom v. Ferguson, Pennsylvania Court of Common Pleas, Clearfield County1889
- Beecher v. NewcomerSuperior Court of Pennsylvania · 1911
- Rodgers v. BlackSuperior Court of Pennsylvania · 1901
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