Lessee of Wister v. Kammerer
Supreme Court of Pennsylvania
Ejectment for 90 acres of land in Bethlehem township, in Northampton county. The suit was tried at Easton, before Shippen and Bradford, Justices, on the 24th September 1793, and a verdict passed for the defendant. A rule was obtained to show cause why a new trial should not be granted. Shippen, J. now reported the evidence on the trial: A patent had issued to Casper Wistar for the lands in question, under whom the lessor of the plaintiff derived her title.
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Ejectment for 90 acres of land in Bethlehem township, in Northampton county. The suit was tried at Easton, before Shippen and Bradford, Justices, on the 24th September 1793, and a verdict passed for the defendant. A rule was obtained to show cause why a new trial should not be granted. Shippen, J. now reported the evidence on the trial: A patent had issued to Casper Wistar for the lands in question, under whom the lessor of the plaintiff derived her title. On the 16th July 1781, and 10th October 1781, the commissioners of the county published general advertisements, that lands which had taxes…
1Opinion of the Court
.By the court.
It has been truly said,'that where the law gives a special jurisdiction to any body of men, it must be strictly pursued. Courts of justice are bound to watch their conduct narrowly and investigate it minutely. The peace of society and the security of property are intimately connected with and depend on such inquiries. Can any man be safe in the tenure of his lands, if they are liable, at the will and pleasure of county commissioners, to be sold through partiality or caprice, without treading in the path of their duty as sworn public officers ? An exact and punctual adherence to…
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