Legal Opinion

Devling v. Williamson

Supreme Court of Pennsylvania

Decided May 15, 1840PublishedCited by 6 opinions

ERROR to the common pleas of Centre county. This was an action of ejectment by Samuel Williamson and others, heirs at law of Thomas Williamson, against John Devling and Daniel Maurer, for 150 acres of land. The plaintiffs gave' evidence, showing the legal title to the land to be in Thomas Williamson, now deceased, and that they were his heirs at law.

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ERROR to the common pleas of Centre county. This was an action of ejectment by Samuel Williamson and others, heirs at law of Thomas Williamson, against John Devling and Daniel Maurer, for 150 acres of land. The plaintiffs gave' evidence, showing the legal title to the land to be in Thomas Williamson, now deceased, and that they were his heirs at law. The defendant, John Devling, did not controvert the original title, but contended that that title should be conveyed to him, and gave in evidence an agreement of the 4th of February 1832, by which Thomas Williamson agreed to sell the land to him…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

The plaintiffs in error except to the deposition of David Marten, in whole and in part. He objects that the witness has a direct interest, that he swears about an article, signed by himself and James Williamson, and he also excepts to that part of the deposition in which the deponent says: “ When James Williamson paid the said John Devling the one hundred dollars, the contract with Thomas Williamson was considered at an end by all parties.” It is sufficient to observe, that the first two reasons are destitute of any plausibility. I shall,…

2Cases cited3 opinions

  1. Smith v. WebsterSupreme Court of Pennsylvania · 1834
  2. Hart v. Executors of PorterSupreme Court of Pennsylvania · 1819
  3. Brown v. MetzSupreme Court of Pennsylvania · 1836

3Cited by6 opinions

  1. Markley v. SwartzlanderSupreme Court of Pennsylvania · 1844
  2. Miller v. HaleSupreme Court of Pennsylvania · 1856
  3. Dailey v. GreenSupreme Court of Pennsylvania · 1850
  4. Lauer v. LeeSupreme Court of Pennsylvania · 1862
  5. Eshbach v. ZimmermanSupreme Court of Pennsylvania · 1845

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