Henry v. Carson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: No. 53, to October and November Term 1868. This was an action of ejectment, commenced April 18th 1866, by Nancy Eulton against Frederick Henry, for 220 acres of land in Sewickly township, Westmoreland county. The defendant disclaimed title to 21 acres of the land. Subsequently Thomas Gr., Hood and others, who were partners trading as Hood, Bonbright & Co., were added as defendants.
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Error to the Court of Common Pleas of Westmoreland county: No. 53, to October and November Term 1868. This was an action of ejectment, commenced April 18th 1866, by Nancy Eulton against Frederick Henry, for 220 acres of land in Sewickly township, Westmoreland county. The defendant disclaimed title to 21 acres of the land. Subsequently Thomas Gr., Hood and others, who were partners trading as Hood, Bonbright & Co., were added as defendants. The plaintiff having after-wards married James Carson, his name was added as a plaintiff. The whole tract formerly belonged to Alexander Robinson, who by…
1Opinion of the Court
The opinion of the court was delivered, October 28th 1869, by
Williams, J.
The main question presented by the assignments of error in this case is, was the right of the children and heirs at law of Elizabeth Duffield and Isabella Shields, under whom the plaintiff below claimed title to the land in controversy, barred by the Statute of Limitations ? The adverse possession, set up by the defendants as a bar to the ejectment, began on the 3d of April 1839, and continued without interruption until the 18th of April 1866, when the writ in this case was issued. When the adverse possession commenced,…
2Cases cited5 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Lewis v. MarshallSupreme Court of the United States · 1831
- Moore v. Jackson ex dem. ErwinCourt for the Trial of Impeachments and Correction of Errors · 1829
- Carpenter v. SchermerhornNew York Court of Chancery · 1847
- Bensell v. ChancellorSupreme Court of Pennsylvania · 1840
3Cited by1 opinion
- Douglas v. IrvineSupreme Court of Pennsylvania · 1889