Fox v. Lyon
Supreme Court of Pennsylvania
Error to the Common Pleas of Centre county. This was an action of ejectment brought by James Fox and Richard Fox, to recover eight hundred acres of land in Taylor township, Centre county. The plaintiffs- claimed title under two warrants, surveys, and patents.
Read the full summary
Error to the Common Pleas of Centre county. This was an action of ejectment brought by James Fox and Richard Fox, to recover eight hundred acres of land in Taylor township, Centre county. The plaintiffs- claimed title under two warrants, surveys, and patents. One to John Fox, Sr., dated the 14th January, 1794,. for “ 400 acres of land in Bald Eagle Yalley, and adjoining a survey in the name of Mordecai Massy, on the-south, and adjoining lands of Fowler & Co., in Franklin township-, in the county of Huntingdon.” On the same day a warrant to-James Fox for “400 acres of land adjoining lands this…
1Opinion of the Court
The opinion of the court was delivered by
Black, J.
We are bound to assume that the warrants under which the plaintiffs claim the land in dispute, are descriptive, because the jury were not permitted to pass upon the question, though there was evidence tending to establish the affirmative of it. A court of error presumes all facts to be in favour of the party against whom a cause is ruled on a point of law. If the plaintiffs could recover, supposing their warrant to be descriptive, they have a right to a new trial, to see whether a jury will not say that it is what they assert.
The warrants of…
2Cases cited1 opinion
- Heirs of Galbraith v. DetrichSupreme Court of Pennsylvania · 1839
3Cited by1 opinion
- Kardibin v. Associated HardwareSuperior Court of Pennsylvania · 1981