Miller v. Shaw
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Lycoming county, m an ejectment brought by Henry Miller, James Ash, Andrew Qarrigues and David Watts, Esq. against John Shaw.
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In Error. ERROR to the Court of Common Pleas of Lycoming county, m an ejectment brought by Henry Miller, James Ash, Andrew Qarrigues and David Watts, Esq. against John Shaw. The plaintiffs in error, who were also plaintiffs below in this ejectment, gave in evidence a warrant for 300 acres land, to Samuel Nichols* another for the same quantity to William Nichols, and another to Francis Nichols, for the same quantity, all dated in May, 1789; on which adjoining surveys were made in May, 1790, and returned in March, 1793. To these surveys, the plaintiffs deduced a regular title, by sundry…
1Opinion of the CourtTilghman, C. J.
[After stating the points.]—The opi-. nions of the Court of Common • Pleas on these three points, are complained of by the plaintiffs. They are, therefore, to be considered by this Court.
1. The plaintiffs say that the effect of Donnel’s acts and conversations with the defendant was matter of law, and ought not to have been left to the j’ury. But I do not see how the Court could have decided it. The facts were not sufficiently clear. It did not appear by what authority, or at whose request, Donnel entered and made the survey ►-«nor, whether there was an intent to enter, in order to interrupt…
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3Cited by12 opinions
- Bracken v. JonesTexas Supreme Court · 1885
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- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- M'Call v. NeelySupreme Court of Pennsylvania · 1834
- City of St. Louis v. GormanSupreme Court of Missouri · 1860
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