Nieman v. Ward
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Juniata county. Joseph T. Ward against Peter S. Nieman. This was an action of ejectment for a tract of land.
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ERROR to the Common Pleas of Juniata county. Joseph T. Ward against Peter S. Nieman. This was an action of ejectment for a tract of land. The plaintiff, to support the issue on his part, gave in evidence a warrant to Jacob Marks, dated 21st November 1837, a deed of the 4th December 1838, of Jacob Marks to Joseph T. Ward, the plaintiff, and a patent from the commonwealth dated 21st January 1839. The defendant, being in possession of the land, relied in his defence upon a warrant to Robert Ramsey, dated the 3d June, 1774, “ for one hundred and fifty acres of land in Cumberland county, on the…
1Opinion of the Court
The opinion of the Court was delivered by .
Kennedy, J.
The great question presented on the triál of this cause in the court below was, whether the survey, made on the warrant in the name of Robert Ramsey, included the land in dispute or not. If it did, the plaintiff there had no right whatever to recover it from the defendant. On the contrary, if it did not, the title of the plaintiff being prior in date to the defendant’s settlement on the land, and the only title shown from the commonwealth for it, entitled him to the recovery of it. A number of errors have been assigned, but the most of…
2Cited by13 opinions
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- Ormsby v. IhmsenSupreme Court of Pennsylvania · 1859
- Sweigart v. RichardsSupreme Court of Pennsylvania · 1848
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