Chambers v. Lapsley
Supreme Court of Pennsylvania
In error from the District Court of Allegheny. Oct. 1. Trespass for mesne profits. The ■ plaintiff declared against Chambers and Simpson jointly, who pleaded not guilty. It appeared that Chambers and Lapsley were tenants in common.
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In error from the District Court of Allegheny. Oct. 1. Trespass for mesne profits. The ■ plaintiff declared against Chambers and Simpson jointly, who pleaded not guilty. It appeared that Chambers and Lapsley were tenants in common. Plaintiff showed a judgment in ejectment against Simpson for one-fourth of three hundred acres, in December, 1839, and a habere executed in April, 18-40; another judgment against the same defendant in September, 1846, for eighty acres, and possession delivered the same term. He then showed that Chambers sued out a writ of error, and was the landlord of Simpson. It…
1Opinion of the CourtCoulter, J.
A verdict and judgment are competent evidence, not only between the same parties, but also between privies to the action ; Calhoun v. Dunning, 4 Dall. 120; Davis v. Wood, 1 Wheat. 8. The record, therefore, of the ejectments, which were received in evidence by the court below, and excepted to by defendants, were properly received, because it is quite apparent from the evidence, that Chambers was the real party in these cases, "and in fact contested them, the party on the record being his tenant: this error is not sustained.
By a recovery in ejectment, the title to the plaintiff is established,…
2Cases cited4 opinions
- Davis v. WoodSupreme Court of the United States · 1816
- Lessee v. DunningSupreme Court of the United States · 1792
- Peebles v. KittleNew York Supreme Court · 1807
- Hare v. FurySupreme Court of Pennsylvania · 1800
3Cited by4 opinions
- Wiest v. Electric Traction Co.Supreme Court of Pennsylvania · 1901
- Myers v. Kingston Coal Co.Supreme Court of Pennsylvania · 1889
- MacHolme v. CochenourSuperior Court of Pennsylvania · 1933
- Lochner v. GarborinaCourt Of Appeals Of Indian Territory · 1901