Fenlon v. Lonergan
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of ejectment by Grace Lonergan against • James Fenlon, to recover 80 lots in the Sixth Ward of the city of Pittsburgh. The plaintiff claimed under Kennedy Lonergan, by virtue of proceedings in bankruptcy had in the District Court of the United States for the district of Ohio, on the application of Lonergan.
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Error to the District Court of Allegheny county. This was an action of ejectment by Grace Lonergan against • James Fenlon, to recover 80 lots in the Sixth Ward of the city of Pittsburgh. The plaintiff claimed under Kennedy Lonergan, by virtue of proceedings in bankruptcy had in the District Court of the United States for the district of Ohio, on the application of Lonergan. His petition was presented the 20th December, 1842, and, inter alia, contained a description and return of the property in dispute. On the 4th of February, 1848, he was declared a bankrupt. William Barry, his assignee in…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
All the questions of law raised in this case are expressed in the points submitted by the counsel on the trial. In charging the jury, the court affirmed the third point of the plaintiff below, and thereupon the defendant excepted and had his bill sealed. All the other points were reserved, and afterwards decided against the defendant, and the bill of exceptions sealed to this decision puts the points upon the record for the purpose of review here.
■ The land in controversy is held by the defendant under a judicial sale to himself, on a…
2Cases cited2 opinions
- Winsor v. KendallU.S. Circuit Court for the District of Massachusetts · 1844
- Ashby v. SteereU.S. Circuit Court for the District of Rhode Island · 1846