McDermott v. Hoffman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas o.f Cambria county: No. 138, to October and November Term 1870. This was an ejectment brought April 30th 1863, by Murray S. Hoffman, Jr., against James McDermott, John McDermott and Henry McDermott (who were served), and three others not served. Henry McDermott afterwards died, and his death was suggested on the record. The action was to recover 200 acres of land, part of two tracts warranted in the names of Hillery Baker and Peter Wager.
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Error to the Court of Common Pleas o.f Cambria county: No. 138, to October and November Term 1870. This was an ejectment brought April 30th 1863, by Murray S. Hoffman, Jr., against James McDermott, John McDermott and Henry McDermott (who were served), and three others not served. Henry McDermott afterwards died, and his death was suggested on the record. The action was to recover 200 acres of land, part of two tracts warranted in the names of Hillery Baker and Peter Wager. The warrants under which the plaintiff claimed were two of a batch of 52 warrants and surveys, patented to William…
1Opinion of the Court
The opinion of the court was delivered, November 6th 1871, by
Siiarswood, J.
The 1st assignment of error has been abandoned, it having been ascertained that it was not founded on fact. The 2d assignment is to the rejection by the court below of the certified copy of an agreement between the original owners of the surveys, or the lands in controversy, produced by them before the board of property upon a caveat dated April 6th 1795, to the acceptance of the returns of certain surveys. It was offered as evidence of location and boundaries. It is too clear for argument and, indeed, has not been…
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