Legal Opinion

Atchison v. M'Culloch

Supreme Court of Pennsylvania

Decided May 15, 1836PublishedCited by 7 opinions

ERROR to the Common Pleas of .Clearfield county. This was an action of ejectment by David M’Culloch against George Atchison for three hundred acres of land in Chest township. The facts of the case, and points made, are fully stated in the opinion of the court, which was delivered by

1Opinion of the CourtKennedy, J.

>We think there is nothing in the first error assigned. It has certainly not been the practice, when a deed is regularly proved or acknowledged in conformity to our act of assembly, purporting to convey the right of a warrantee or patentee of land, to the plaintiff in the ejectment, first to make proof before such deed can be admitted in evidence, that the grantor therein named, bearing the same name as the warrantee or patentee, was the identical person to whom it was granted by the commonwealth. This is a matter of fact which must be submitted to the decision of the jury after all the…

2Cited by7 opinions

  1. Hamsher v. KlineSupreme Court of Pennsylvania · 1868
  2. Commonwealth v. CoverSupreme Court of Pennsylvania · 1924
  3. Paine v. GriffithsCourt of Appeals for the Third Circuit · 1898
  4. Commonwealth v. MiddletonSuperior Court of Pennsylvania · 1938
  5. Brinser v. AndersonSupreme Court of Pennsylvania · 1888

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