Legal Opinion

Sunderlin v. Struthers

Supreme Court of Pennsylvania

Decided May 26, 1864PublishedCited by 2 opinions

Error to tbe Common Pleas of MeKean county. This was an action of ejectment by Thomas Struthers against Irwin S. Sunderlin, Edwin Sunderlin, David Harrower, Merritt Clark, Peter Cogger, James McClure, Henry Clark, Marcus Gr. Langdon, Ellis Baker, Jared A. Post, Theodore Van Heusen, Samuel Bradly, Benjamin Barker, and Anthony Fay, for seventeen thousand and fifty-nine acres of land. The writ was only served on Irwin S. Sunderlin, Edwin Sunderlin, and David Harrower.

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Error to tbe Common Pleas of MeKean county. This was an action of ejectment by Thomas Struthers against Irwin S. Sunderlin, Edwin Sunderlin, David Harrower, Merritt Clark, Peter Cogger, James McClure, Henry Clark, Marcus Gr. Langdon, Ellis Baker, Jared A. Post, Theodore Van Heusen, Samuel Bradly, Benjamin Barker, and Anthony Fay, for seventeen thousand and fifty-nine acres of land. The writ was only served on Irwin S. Sunderlin, Edwin Sunderlin, and David Harrower. C. W. Vail, P. Wingard, Nathan Pickett, John M. Poland, were summoned as terre-tenants, and, with the defendants served, pleaded…

1Opinion of the Court

The opinion of the court was delivered, by

Asnew, J.

This was an action of ejectment by Thomas Struthers, the plaintiff below, against Irwin S. and Edwin Sunderlin and others, defendants below. The plaintiff claimed title by a sheriff’s sale of the title of Merritt Clark, and gave evidence to show that the Sunderlins had entered and held under Clark until 1855. The defendants gave no evidence of title in themselves, but gave evidence of sundry conveyances of Merritt Clark, showing that he had parted with all his title prior to the service of the attachment in which the judgment was obtained,…

2Cited by2 opinions

  1. Antone v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1939
  2. Jordan v. ChambersSupreme Court of Pennsylvania · 1910

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