Legal Opinion

Smay v. Smith

Supreme Court of Pennsylvania

Decided September 15, 1829PublishedCited by 1 opinion

IX error. Error to the court of common pleas of Cambria county. This was an ejectment brought in the court below by the executors of Hr. Smith to recover from John Smay, the defendant, part of a tract of two hundred acres of land in Cambria county. To support their claim, the plaintiffs gave in evidence, 1st. A warrant to William Smith, H. D. dated 7th April, 1792, for one hundred acres near the 13 th mile tree on the road from Erankstown, including the Dollar Camp. 2d.

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IX error. Error to the court of common pleas of Cambria county. This was an ejectment brought in the court below by the executors of Hr. Smith to recover from John Smay, the defendant, part of a tract of two hundred acres of land in Cambria county. To support their claim, the plaintiffs gave in evidence, 1st. A warrant to William Smith, H. D. dated 7th April, 1792, for one hundred acres near the 13 th mile tree on the road from Erankstown, including the Dollar Camp. 2d. A warrant to Rebecca Blodget, (a daughter of Dr. Smith,) dated 21st December, 1792, for three hundred acres adjoining lands,…

1Opinion of the Court

The opinion of the .court was delivered by

Huston, J.

The executors of Dr. Smith, who were plaintiffs in the common pleas, claimed the land in question on two warrants unsurveyed ,and returned into the office of the Surveyor General. One in the name of Dr, Smith, dated the 7th April, 1792, for one hundred acres of land near the the thirteenth mile tree, on the road from Frankstown, including the “Dollar Camp;” another in the name of Rebecca Blodget, (a daughter of Dr. Smith,) dated the 21st of December. 1792, for three hundred acres, adjoining land warranted to William Smith, D. D, at a place…

2Cases cited1 opinion

  1. Burd v. SeaboldSupreme Court of Pennsylvania · 1820

3Cited by1 opinion

  1. Martin v. HughesCourt of Appeals for the Third Circuit · 1898

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