Watt v. Scott
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Alleghany county. This was an action of ejectment brought in the court below, to January term 1829, by the heirs of Samuel Scot!, the defendants in error, against John Watt, to recover a lot of ground situate in Pitt township.
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WRIT of error to the court of common pleas of Alleghany county. This was an action of ejectment brought in the court below, to January term 1829, by the heirs of Samuel Scot!, the defendants in error, against John Watt, to recover a lot of ground situate in Pitt township. On the trial of the cause it was admitted that Samuel Scott, the father of the defendants in error, anterior to 1814, died seised in fee of the lot, and that it thereupon descended to them as his heirs at law. The plaintiff in error derived his title to the lot from James Jelly, who, in 1814, bought it at a sale made by the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Two errors have been assigned. The first is an exception to the opinion of the court, pronouncing the sale invalid, for want of a confirmation of it appearing on the records of the orphan’s court. And the second, that the court erred in not charging the jury that a confirmation, if necessary under the circumstances mentioned, ought to be presumed.
The question, presented in the first error assigned, must be solved by a fair construction of the nineteeth and twentieth sections of the act’of the 19th of April 1794, directing the descent of…
2Cited by1 opinion
- Morgan's AppealSupreme Court of Pennsylvania · 1885