Stephens v. Cowan
Supreme Court of Pennsylvania
ERROR to the common pleas of Indiana county. Thomas Stephens against Samuel Cowan and James C. Fisher. Ejectment for a tract of land, in which the jury found the following special verdict. In 1827, John Hamilton entered on the lands in dispute, built a house, and cleared about fourteen acres, which he has kept in possession by his own residence with his family, or by his tenants ever since.
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ERROR to the common pleas of Indiana county. Thomas Stephens against Samuel Cowan and James C. Fisher. Ejectment for a tract of land, in which the jury found the following special verdict. In 1827, John Hamilton entered on the lands in dispute, built a house, and cleared about fourteen acres, which he has kept in possession by his own residence with his family, or by his tenants ever since. By virtue of his improvement, he claimed and occupied the whole of the lands embraced in the survey hereafter mentioned. The' lines around the tract were marked on the ground, when Hamilton entered on the…
1Opinion of the Court
The opinion of the Court .was delivered by
Kennedy, J.
It is doubtless true, that after the end of the term in which the court has rendered judgment upon a case stated on a special or general verdict, from which an appeal may be taken by writ of error, or otherwise, it cannot alter or change it, with a view to correct what the court upon further reflection may consider an error therein. But it would be going too far, to say, that such court may not afterwards, before any proceeding has been had upon the judgment, correct a mere mistake that has arisen in entering it differently from what was…
2Cases cited2 opinions
- Bellas v. LevanSupreme Court of Pennsylvania · 1835
- Swearingen's v. Pendleton'sSupreme Court of Pennsylvania · 1818
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- Commonwealth v. DuffySuperior Court of Pennsylvania · 1912
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