Ament's v. Wolf
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an ejectment by Paul Brinker, executor of Anthony Ament, deceased, against Solomon Wolf, for a tract of forty acres of land, in Franklin township. On the 26th June 1786, a warrant was granted to Euphan Moorhead, for 300 acres, including an improvement; on which a survey was made on the 24th May 1793, including the premises in dispute.
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Error to the Common Pleas of Westmoreland county. This was an ejectment by Paul Brinker, executor of Anthony Ament, deceased, against Solomon Wolf, for a tract of forty acres of land, in Franklin township. On the 26th June 1786, a warrant was granted to Euphan Moorhead, for 300 acres, including an improvement; on which a survey was made on the 24th May 1793, including the premises in dispute. And on the 17th June 1797, a patent was issued to him for the land within his survey. In 1816, Moorhead leased his tract to one Wigle, who made considerable improvements; and this possession, by his…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
We thought the only question in this cause was effectually decided, when it was here before, but the counsel have brought it up again, and have appealed to us very earnestly to reverse our former decision. We have no right to complain of this, for it is no more than the losing party in ejectment has a right,to do. Besides, if our former judgment were sound, it will bear to be reviewed, and if it were not sound, it is well for us to have an opportunity to correct it in the very case in which it was pronounced.
It is the case of clashing…
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