Mills v. Buchanan
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an ejectment for seven acres fifteen and nine-tenths perches of land, by Buchanan v. Mills. Plea not guilty, verdict for plaintiff. The case was tried before Lowrie, J. The land claimed by plaintiff had formerly belonged to George Wallace — ■ that claimed by defendant had belonged to Charles Wallace. After plaintiff had rested, defendant called Nathaniel Patterson. In 1843, I made a survey of this land.
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Error to the District Court of Allegheny county. This was an ejectment for seven acres fifteen and nine-tenths perches of land, by Buchanan v. Mills. Plea not guilty, verdict for plaintiff. The case was tried before Lowrie, J. The land claimed by plaintiff had formerly belonged to George Wallace — ■ that claimed by defendant had belonged to Charles Wallace. After plaintiff had rested, defendant called Nathaniel Patterson. In 1843, I made a survey of this land. I commenced at a sugar tree, the corner between the land of Mr. G. Hawkins and Mr. Mills’ land. Mills then claimed one part of the…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
— The first bill of exceptions is in these words:— “ Mr. Woods now asks the witness as to the admissions of Mr. Hawkins and Mr. Mills, at the time of the survey, that this sugar tree was a corner between them, and the question is objected to as irrelevant, and the objection is sustained and defendant excepts, and at his instance I seal this bill.” The question to be resolved then, is, whether or not the testimony was relevant to the issue; because we cannot go out of the bill of exceptions. We sit here to review the decisions of the court…
2Cases cited5 opinions
- Caufman v. Presbyterian Congregation of Cedar SpringSupreme Court of Pennsylvania · 1813
- Wolf v. WyethSupreme Court of Pennsylvania · 1824
- Drexel v. ManSupreme Court of Pennsylvania · 1843
- Hall v. PowelSupreme Court of Pennsylvania · 1818
- Lessee of Lilly v. KitzmillerSupreme Court of Pennsylvania · 1791
3Cited by4 opinions
- Roebling's Sons Co. v. American Amusement & Construction Co.Supreme Court of Pennsylvania · 1911
- Tursi Et Ux. v. ParrySuperior Court of Pennsylvania · 1938
- Lessee of Lilly v. KitzmillerSupreme Court of Pennsylvania · 1791
- Norwood v. Great American Indemnity Co.District Court, E.D. Pennsylvania · 1943