Legal Opinion

Boshart v. Evans

Supreme Court of Pennsylvania

Decided May 2, 1840PublishedCited by 8 opinions

IN ERROR. Error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by George Boshart against Martha Evans, to. recover one undivided ninth part of a certain messuage or tenement .and lot or piece of ground, situate on the west side of Third street, between Vine and Sassafras streets,'in the city of Philadelphia.

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IN ERROR. Error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by George Boshart against Martha Evans, to. recover one undivided ninth part of a certain messuage or tenement .and lot or piece of ground, situate on the west side of Third street, between Vine and Sassafras streets,'in the city of Philadelphia. On the trial, before Pettit, (Pres’t) on the 15th of May, 1838, the plaintiff proved that one Andrew Boshart died seized of the premises, having made a will, dated the 23d of October, 1793, containing the following…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

The exceptions on which the plaintiffs in error rely, are to the charge of the Court in relation to the appraisement of the 10th of March, 1797. The tenor of the charge undoubtedly is, that if the appraisers were in fact appointed by the executor, a valuation made, and the property accepted, the plaintiff had no title. The charge took from the jury, in a certain event, all necessity off inquiring into the validity of the deed of 1813. If the jury, say the Court, adopt this view of the facts, namely, that there was an appointment by the…

2Cases cited1 opinion

  1. Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830

3Cited by8 opinions

  1. Terry v. RodahanSupreme Court of Georgia · 1888
  2. Myers' AppealSupreme Court of Pennsylvania · 1869
  3. Nagle's AppealSupreme Court of Pennsylvania · 1850
  4. Drayton's AppealSupreme Court of Pennsylvania · 1869
  5. Gray v. HendersonSupreme Court of Pennsylvania · 1872

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