Legal Opinion

Pendleton v. Richey

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 1 opinion

Error to the Common Pleas of Venango county. This was an ejectment by Edward Pendleton, trustee of Maria Cooper, against Thomas Richey, and others, for a tract of 450 acres, in Richland township, Venango county. In 1790, James R. Reed was the owner of the land in controversy, and by his will, dated the 30th April, in that year, devised it to his niece, Maria Reed, who, in 1805, intermarried with Alexander Cooper.

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Error to the Common Pleas of Venango county. This was an ejectment by Edward Pendleton, trustee of Maria Cooper, against Thomas Richey, and others, for a tract of 450 acres, in Richland township, Venango county. In 1790, James R. Reed was the owner of the land in controversy, and by his will, dated the 30th April, in that year, devised it to his niece, Maria Reed, who, in 1805, intermarried with Alexander Cooper. Alexander Cooper died in 1852, and in the same year, Mrs. Cooper conveyed the premises to the plaintiff in trust. The defendants claimed under a treasurer’s sale of the premises, as…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J. —

These writs of error are to the same record, and may be considered together.

There is but a single question presented in the first case, and it arises out of the charge of the court in answer to the 1st, 2d, and 3d points of the plaintiff in error; and that is, as to the con-elusiveness of the recovery by the plaintiff, in the Circuit Court of the United States, against Alexander Porter and Thomas Richey, under whom the defendants in error claim. The court below ruled, that it was not conclusive, and to this the plaintiff in error excepts.

A…

2Cases cited3 opinions

  1. Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
  2. M'Cleary's AppealSupreme Court of Pennsylvania · 1841
  3. Kirkpatrick v. BlackSupreme Court of Pennsylvania · 1840

3Cited by1 opinion

  1. Norman v. World Wide Distributors, Inc.Superior Court of Pennsylvania · 1963

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