M'Call v. Himebaugh
Supreme Court of Pennsylvania
ERROR to the District Court of Erie county. This was an action of ejectment by Sarah M’Call and others against Peter Himebaugh, William B. Weed, Elymas Vancurin and Frederick Shade, and was in its facts and circumstances so like the preceding case, as to require no further statement than that contained in the opinion of the court. It was also argued by
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
— The plaintiffs claimed as in the preceding case of M’Call v. Coover, on a warrant to Gunning Bedford, dated 13th of April 1794, surveyed in 1794, 400 acres, and patented 30th July 1799, and this title deduced to the plaintiffs. The defendants showed a conveyance from the Population Company, through whom the plaintiffs claimed, to Peter Himebaugh for 100 acres, part of the tract described in plaintiff’s writ. This did not adjoin the part really in dispute. The jury found for defendant Peter Himebaugh for this, and to this there is no…
2Cases cited4 opinions
- Ash v. AshtonSupreme Court of Pennsylvania · 1842
- Waln v. ShearmanSupreme Court of Pennsylvania · 1822
- Parish v. StevensSupreme Court of Pennsylvania · 1817
- Robinson v. WilliamsSupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- Ryan v. BruhinSuperior Court of Pennsylvania · 1925
- Rogers v. JohnsonSupreme Court of Pennsylvania · 1871