Smith v. Moore
Supreme Court of Pennsylvania
This was an ejectment for a tract ofland situated in French Creek township, Mercer county, containing two hundred acres or thereabouts, bounded by lands of Robert Cochran, on the south, Hugh Moore and Samuel Evans, on the west, by land of Isaac Woodworth, and on the north by land on which Robert Jones resides. It was tried in the Circuit Court before Mr. Justice Smith, and verdict for the plaintiff.
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This was an ejectment for a tract ofland situated in French Creek township, Mercer county, containing two hundred acres or thereabouts, bounded by lands of Robert Cochran, on the south, Hugh Moore and Samuel Evans, on the west, by land of Isaac Woodworth, and on the north by land on which Robert Jones resides. It was tried in the Circuit Court before Mr. Justice Smith, and verdict for the plaintiff. The defendant’s counsel moved the court for a new trial — which was refused; from which decision the defendant appealed to the Supreme Court. The defendant’s counsel requested the court to charge…
1Opinion of the Court
*350The opinion of the court (Tod J. and Huston J. dissenting,) was delivered by
Gibson, C. J.
The legislature undoubtedly contemplated a survey in rectangular figures, because the surveyors were required to mark the number of each lot on the northwestern corner tree of the survey; a direction which could not well have been executed, had not the lots been laid off in squares or parallelograms corresponding in a degree to the cardinal points of the compass. The lots consequently being alike as regards course,distance, and superficial content; and there being neither warrant nor owne.r, as in…
2Cases cited2 opinions
- Lessee of Grant v. EddySupreme Court of Pennsylvania · 1796
- Stewart v. ShoenfeltSupreme Court of Pennsylvania · 1825
3Cited by7 opinions
- Lodge v. BarnettSupreme Court of Pennsylvania · 1864
- Flanigen v. City of PhiladelphiaSupreme Court of Pennsylvania · 1866
- Phillips v. AstrueDistrict Court, N.D. Illinois · 2009
- Dunn v. RalyeaSupreme Court of Pennsylvania · 1843
- Kennedy v. LuboldSupreme Court of Pennsylvania · 1879
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