Buehler's Heirs v. Buffington
Supreme Court of Pennsylvania
Error to tlie Common Pleas of Dauphin county. This Ayas an action of ejectment, instituted February 17th 1858, by Dr. Lee W. Buffington and Sarah R. his Avife, and Rebecca P. HalloAvell, heirs of William J. HalloAvell, deceased, Archibald M. J. Robertson, Margaret Robertson, Catharine Robertson, and Dr. Robert H. Robertson, heirs of Archibald Robertson, deceased, J. V. Creswell, James T. Carter, and Mahlon K. Taylor, against George W. Buehler, Thomas II.
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Error to tlie Common Pleas of Dauphin county. This Ayas an action of ejectment, instituted February 17th 1858, by Dr. Lee W. Buffington and Sarah R. his Avife, and Rebecca P. HalloAvell, heirs of William J. HalloAvell, deceased, Archibald M. J. Robertson, Margaret Robertson, Catharine Robertson, and Dr. Robert H. Robertson, heirs of Archibald Robertson, deceased, J. V. Creswell, James T. Carter, and Mahlon K. Taylor, against George W. Buehler, Thomas II. Robinson, and Mary W. Robinson his Avife, heirs and legal representatives of Henry Buehler, Esq., deceased, for three hundred acres of land,…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
Whenever it is reasonably possible, the law ought to be so administered that rights which depend on the acts of public officers should not fail because of official default in recording those acts. Usually such defects may be cured by amending the record, and while this remedy exists no other can well be admitted. But when th.e court in which the error occurred is finally abolished, leaving no authority that can act for it in making amendments, then that remedy is gone. And surely the party has a right to the fact that the official act did…
2Cases cited2 opinions
- Alexander v. M'MurrySupreme Court of Pennsylvania · 1839
- Lomis v. RuetterSupreme Court of Pennsylvania · 1840
3Cited by6 opinions
- Home Life Insurance Co. v. Jones (In Re Jones)United States Bankruptcy Court, E.D. Pennsylvania · 1982
- Smith v. WildmanSupreme Court of Pennsylvania · 1896
- Robinson v. Wheeling Steel & Iron Co.West Virginia Supreme Court · 1925
- Milleisen v. SensemanSuperior Court of Pennsylvania · 1897
- Shearer v. NaftzingerSuperior Court of Pennsylvania · 1998
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