Dawson v. Mills
Supreme Court of Pennsylvania
Error to-the District Court of Allegheny county. This was an ejectment by John Dawson and Mary Ann, his wife, against Joseph Mills, for 30 acres of land in East Deer township. In 1794, St. Clair Gibson, under whom the plaintiffs claimed, was seised of a tract of 200 acres in East Deer township. And in 1803, he contracted to sell the northern or improved portion of it to John Thompson, under whom the defendant claimed.
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Error to-the District Court of Allegheny county. This was an ejectment by John Dawson and Mary Ann, his wife, against Joseph Mills, for 30 acres of land in East Deer township. In 1794, St. Clair Gibson, under whom the plaintiffs claimed, was seised of a tract of 200 acres in East Deer township. And in 1803, he contracted to sell the northern or improved portion of it to John Thompson, under whom the defendant claimed. On the 26th February 1810, Gibson executed to Thompson a deed for 124 acres 124 perches and allowance. The plaintiffs claimed that in 1805, when Thompson purchased, the parties…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J. —
The declarations of Thompson, under whom the defendant claims, made more than fifty years before the trial, in which they were proved, in relation to the boundary of his land, of which he was in possession at the time, as showing the extent of his claim, were evidence: 6 Binn. 59; 2 S. & R. 70. But they were not evidence to show an agreement between Gibson and himself to hold by a different line than the one on the ground, by which he had been holding; or in other words, to show that he had a right to shift his line. The offer, however,…
2Cases cited1 opinion
- Caufman v. Presbyterian Congregation of Cedar SpringSupreme Court of Pennsylvania · 1813
3Cited by4 opinions
- Staub v. HamptonTennessee Supreme Court · 1906
- Rozelle v. LewisSuperior Court of Pennsylvania · 1908
- Kron v. DaughertySuperior Court of Pennsylvania · 1898
- Caputo Et Ux. v. Mariatti Et Ux.Superior Court of Pennsylvania · 1934