McBarron v. Gilbert
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Schuylkill county. This was an action of ejectment brought in tbe court below to December Term 1853, by John Gilbert, Silas H. Wentz, and John Rorer against John McBarron, John Lauberger, Barnhart Eisenhuth, and John Eisenhuth, for eight hundred acres of coal land in Mahanoy Yalley.
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Error to tbe Common Pleas of Schuylkill county. This was an action of ejectment brought in tbe court below to December Term 1853, by John Gilbert, Silas H. Wentz, and John Rorer against John McBarron, John Lauberger, Barnhart Eisenhuth, and John Eisenhuth, for eight hundred acres of coal land in Mahanoy Yalley. The plaintiffs claimed title under two warrants and surveys, one dated September 4th 1784, to Conrad Mertz, for four hundred acres, upon which a survey of four hundred acres and allowance was made by Henry Yanderslice, deputy surveyor, on 5th May 1787. This survey called for a survey…
1Opinion of the Court
*278The opinion of the court was delivered, March 22d 1862, by
Woodward, J.
There are but two questions upon this record which can properly engage the attention of a court of errors. The first is, whether the court erred in their manner of submitting to the jury the location of the surveys which had been made of the warrants, in the names of Conrad Mertz and George Flower.
The plaintiffs in error, who were defendants below, insisted that these warrants were located at the junction of what is now called the Little Mahanoy, with the big or main branch of the stream of- that name — a location more than…
2Cases cited2 opinions
- Foust v. RossSupreme Court of Pennsylvania · 1841
- Lessee of Blaine v. JohnsonSupreme Court of Pennsylvania · 1810