Legal Opinion

Rogers v. Hall

Supreme Court of Pennsylvania

Decided September 15, 1835PublishedCited by 34 opinions

ERROR to the common pleas of Erie county. This was an action of ejectment by William Hall against David W. Rogers and Levi Farnum, for a lot in the town of Wattsburg. Both parties claimed under Charles G. Merrill.

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ERROR to the common pleas of Erie county. This was an action of ejectment by William Hall against David W. Rogers and Levi Farnum, for a lot in the town of Wattsburg. Both parties claimed under Charles G. Merrill. The plaintiff gave in evidence a judgment of William Hall against Charles G. Merrill, entered the 27th of March 1827, upon which executions were issued, and the lot in controversy levied and sold to the plaintiff, and conveyed by deed from the sheriff dated the 8 th of April 1830. The defence was made upon the title of Robert Sedgwick, to support which the defendant gave in evidence…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

—Did the effect of Barrett’s acts on the interest of Pomroy depend on the terms of the power of attorney, restricted as they are to the recovery of the assigned debts and the selling or leasing of the land, there would be more than a doubt that the circumstances of his agency in respect to the furniture bought in for Merrill ought not to prejudice the defendant’s title. But Barrett was, if not the projector, certainly the manager of the fraud, and also the artificer of the very title under which the actual defendant claims. Now the least…

2Cited by34 opinions

  1. Commonwealth Ex Rel. Moszczynski v. AsheSupreme Court of Pennsylvania · 1941
  2. Commonwealth v. StrantzSupreme Court of Pennsylvania · 1937
  3. Commonwealth v. BurdellSupreme Court of Pennsylvania · 1955
  4. Commonwealth v. ThomasSupreme Court of Pennsylvania · 1963
  5. Commonwealth v. Musser Forests, Inc.Supreme Court of Pennsylvania · 1958

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