Lessee of Hill v. West
Supreme Court of Pennsylvania
AN amicable ejectment was brought by the plaintiff against the defendants, to March term 1798 of this court, for some lots in Philadelphia, with a view, by trying the title, to determine to which party the commonwealth should grant a patent.
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AN amicable ejectment was brought by the plaintiff against the defendants, to March term 1798 of this court, for some lots in Philadelphia, with a view, by trying the title, to determine to which party the commonwealth should grant a patent. A case was finally made for the opinion of the court; and after argument it was decided for the plaintiff, by three judges against one, and a judgment entered accordingly at December term 1804. A writ of error was brought to the high court; but for want of an agreement below to turn the case into a special verdict, the defendants lost the benefit of their…
1Opinion of the Court
Tilghman C. J.
delivered the- court’s opinion.
This is a motion to amend the record by entering a suggestion of the death of Nicholas Young, one of the defendants, who died before the judgment.
*488The cases cited in support of the motion are sufficient to shew the power of the court; and it is a power which, generally speaking, tends very much to the promotion of justice. But the defendants’ counsel contend that it ought not to be exercised in this instance, because it tends to injustice. And how do they shew this? Why by proving that when they carried this cause to the late high court of errors,…
2Cited by3 opinions
- Ex parte SanfordSupreme Court of Alabama · 1843
- Nelson v. LloydSupreme Court of Pennsylvania · 1839
- Allen v. CraigSupreme Court of New Jersey · 1833