Rice v. Bixler
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. John Rice, administrator with the will annnexed, of Patrick Duffield deceased, against Joseph Bixler. This was an action of ejectment for twenty acres of land. Patrick Duffield in his lifetime was seised in fee of a tract of land, containing about 290 acres; which in 1820 he had surveyed and divided into two parts, the eastern and western part.
Read the full summary
ERROR to the Common Pleas of Perry county. John Rice, administrator with the will annnexed, of Patrick Duffield deceased, against Joseph Bixler. This was an action of ejectment for twenty acres of land. Patrick Duffield in his lifetime was seised in fee of a tract of land, containing about 290 acres; which in 1820 he had surveyed and divided into two parts, the eastern and western part. This was done for the purpose of conveying the western part, which he supposed to contain 60 acres, to his son-in-law, Andrew M’Clure, which he did; but Andrew M’Clure, in 1824, reconveyed the same to Patrick…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned.is an exception to the opinion of the court admitting evidence to prove that the courses and distances, as stated in the - deed of conveyance from Patrick Dufiield and wife to the Bixlers, would, if run on the ground, include the land in dispute; and that the division line, said to be run by George Monroe in 1819, never was marked on the ground. It is impossible to perceive any valid objection to the admission of this evidence; for certainly it was evidence which tended to show that the land in dispute, in this…
2Cited by10 opinions
- Baker v. CopenbargerIllinois Supreme Court · 1853
- Burkholder's AppealSupreme Court of Pennsylvania · 1884
- Jones v. CaldwellSupreme Court of Pennsylvania · 1881
- Lincoln v. WakefieldSupreme Court of Pennsylvania · 1912
- Willing v. PetersSupreme Court of Pennsylvania · 1847
5 more not listed; retrieve them via the Exa API.