Legal Opinion

Frederick v. Gray

Supreme Court of Pennsylvania

Decided June 30, 1823PublishedCited by 3 opinions

Error to the Court of Common Pleas of Mifflin county, specially held before Reed, President, and the associate judges of Mifflin county, in pursuance of the act of assembly. It was an ejectment for part of a tract, of land in that county.

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Error to the Court of Common Pleas of Mifflin county, specially held before Reed, President, and the associate judges of Mifflin county, in pursuance of the act of assembly. It was an ejectment for part of a tract, of land in that county. Both parties claimed under John Gray, the elder, who died seised in fee of the whole tract, in 1759, or 1760, having made his will, dated the 12th April, 1759, by which he devised as follows: “I give unto my sister, Mary Gray, one full half of my plantation lying and situate on Juniata river, in Tuscarora valley, to be taken off the side lying next to my…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

(After stating the case.) The errors assigned in this case are, 1st. The rejection of John Patterson, a witness produced by the defendant. 2. In the opinion of the courts on several points proposed by the counsel for the defendant.

An attachment of contempt, had issued against Patterson, who had been subpoenaed on the part of the defendant, and being brought . in, after the evidence was closed, and one counsel on each side had spoken, the court did not think proper to admit his testimony.

This is a case which must be left to the discretion…

2Cited by3 opinions

  1. Bolton v. HamiltonSupreme Court of Pennsylvania · 1841
  2. Mehaffy v. DobbsSupreme Court of Pennsylvania · 1840
  3. Congregation v. MilesSupreme Court of Pennsylvania · 1835

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