Legal Opinion

Chew v. Keck

Supreme Court of Pennsylvania

Decided February 15, 1833PublishedCited by 5 opinions

Appeal from the Circuit Court of Northampton County. In this ejectment, brought by Benjamin Chew, esq., against Conrad Keck and others, which after an award of arbitrators between the same parties, came on for trial before Huston, J. at a Circuit Court, held at Easton, in April 1832, the plaintiff, after having given in evidence, a lease for one year dated September 4th 1815, from Francis Rice and John Keble, executors of Thomas Ingram, proved before the Lord Mayor of…

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Appeal from the Circuit Court of Northampton County. In this ejectment, brought by Benjamin Chew, esq., against Conrad Keck and others, which after an award of arbitrators between the same parties, came on for trial before Huston, J. at a Circuit Court, held at Easton, in April 1832, the plaintiff, after having given in evidence, a lease for one year dated September 4th 1815, from Francis Rice and John Keble, executors of Thomas Ingram, proved before the Lord Mayor of London, and certified under the city seal, offered in evidence the deed of release between the same parties, dated on the…

1Opinion of the Court

The opinion the court (Huston, J. being absent) was delivered by

Gibson, C. J.

It is impossible to distinguish this case from Foster v. Shaw, 7 Serg. & Rawle, 156, which is directly in point, and therefore conclusive in a case precisely the same in all its circumstances. We do not decide, however, the question of competency in regard to such a deed when actually recorded; possibly that might make a different case. The objection here was made in time, and the court was not bound to withdraw a juror on the allegation of surprise, or refer the question of execution to the jury, without at least…

2Cases cited4 opinions

  1. Stoever v. Lessee of WhitmanSupreme Court of Pennsylvania · 1814
  2. Delafield v. HandNew York Supreme Court · 1808
  3. Foster v. ShawSupreme Court of Pennsylvania · 1821
  4. Hamilton's Lessee v. GallowaySupreme Court of Pennsylvania · 1784

3Cited by5 opinions

  1. United States v. Michelle's LoungeCourt of Appeals for the Seventh Circuit · 1994
  2. Standard Oil Co. v. CommonwealthCourt of Appeals of Kentucky · 1904
  3. Duffey v. Presbyterian CongregationSupreme Court of Pennsylvania · 1864
  4. United States v. Michelle's LoungeCourt of Appeals for the Seventh Circuit · 1994
  5. Thompson v. MasonAppellate Court of Illinois · 1879

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