McGinniss v. Sawyer
Supreme Court of Pennsylvania
These were writs of error to the Court of Common Pleas of Allegheny county: No. 143 and 144, to October and November Term 1869. In the court below two writs of ejectment were issued, February 29th 1868. One by Alexander C. McGinniss and William McGinniss against Edward McGinniss for three acres of land in Chartiers township: on the 7th of December, Benair C. Sawyer, vendee of the plaintiffs, was substituted as plaintiff.
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These were writs of error to the Court of Common Pleas of Allegheny county: No. 143 and 144, to October and November Term 1869. In the court below two writs of ejectment were issued, February 29th 1868. One by Alexander C. McGinniss and William McGinniss against Edward McGinniss for three acres of land in Chartiers township: on the 7th of December, Benair C. Sawyer, vendee of the plaintiffs, was substituted as plaintiff. The other writ was at the suit of Alexander Millar and Charles Millar against the same defendant for about 118 perches of land in the same township. The two lots adjoined…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Sharswood, J. —
The first assignment of error is, that the court below erred in receiving in evidence, the copy of a survey alleged to have been made by David Steele. We may assume that such a survey had been made as early as 1807 or 1809 — * that the original of that survey was traced to the possession of Remington, who had left the state and not been heard from for several years, so that sufficient ground was laid for the introduction of secondary evidence: Ralph v. Brown, 3 W. & S. 395; Flinn v. McGonigle, 9 W. & S. 75. Its absence…
2Cases cited3 opinions
- Kerns v. SwopeSupreme Court of Pennsylvania · 1833
- Ralph v. BrownSupreme Court of Pennsylvania · 1842
- Flinn v. M'GonigleSupreme Court of Pennsylvania · 1845
3Cited by1 opinion
- Brenner v. LesherSupreme Court of Pennsylvania · 1938