Legal Opinion

Steinmetz v. Logan

Supreme Court of Pennsylvania

Decided October 15, 1836PublishedCited by 3 opinions

ERROR to the District Court of Jllleghany county. The above was an action of ejectment, brought by the defendant in error, who was the plaintiff below, for the recovery of fifty acres, more or less, adjoining lands of said plaintiff below, Jeremiah Murray, Jacob .Steinmetz, and others. The land is situated in Plum township, Alleghany county. — The defendant pleaded not guilty— tried by jury, and verdict for the plaintiff, and judgment on the verdict.

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ERROR to the District Court of Jllleghany county. The above was an action of ejectment, brought by the defendant in error, who was the plaintiff below, for the recovery of fifty acres, more or less, adjoining lands of said plaintiff below, Jeremiah Murray, Jacob .Steinmetz, and others. The land is situated in Plum township, Alleghany county. — The defendant pleaded not guilty— tried by jury, and verdict for the plaintiff, and judgment on the verdict. The real quantity of land in controversy amounted to thirty-nine acres and twelve perches. In the month of March, 1808, John Shuke commencod an…

1Opinion of the Court

*522The opinion of the Court was delivered by

Kennedy, J.

The plaintiff in error was the defendant below; and the first error assigned, which is the only one that raises a question of sufficient importance to make it worthy of particular notice, is founded upon the charge of the court to the jury in answer to the plaintiff' in error’s first point. By this point, the court was requested to instruct the jury, that “if the warrant of Ephraim Steele be special for the land in dispute, and duly surveyed, and the land in dispute be within that survey, the plaintiff cannot recover from any title shown or…

2Cases cited2 opinions

  1. Zerbe v. SchallSupreme Court of Pennsylvania · 1835
  2. M'Cullough v. WallaceSupreme Court of Pennsylvania · 1822

3Cited by3 opinions

  1. Amos Wade v. Jacob R. Leroy and Henry E. PierrepointSupreme Court of the United States · 1858
  2. Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
  3. Emery v. SpencerSupreme Court of Pennsylvania · 1854

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