Filby v. Miller
Supreme Court of Pennsylvania
Error to the Common Pleas of Greene county. Tlie action was ejectment for 100 acres of land in Alleppo township. The title was admitted to be out of the Commonwealth. The land in dispute was part of a larger tract, called “Fox Hill,” which the plaintiff alleged was patented on the 4th August, 1785, to John Hughes and Timothy Ryan.
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Error to the Common Pleas of Greene county. Tlie action was ejectment for 100 acres of land in Alleppo township. The title was admitted to be out of the Commonwealth. The land in dispute was part of a larger tract, called “Fox Hill,” which the plaintiff alleged was patented on the 4th August, 1785, to John Hughes and Timothy Ryan. In 1841 or 1842, several of the heirs of Timothy Ryan agreed in writing with R. D. Bird, Esq., a practising attorney, to pay him $300 in land, for his services in looking after and recovering their lands in Greene county. Mr. Bird expended considerable money in…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
The compromise made by R. D. Bird, with the heirs of Jacob Miller, was not within the scope of his authority, as attorney-at-law for the heirs of Timothy Ryan, nor would his agreement with some of the heirs, that he should be paid in land for his services, give him the right to divide the land in dispute between himself and the defendant. But his arrangement with the heirs of Miller, though unauthorized by his clients, might be ratified by them; and, if so, it would be binding upon all who had consented to it. There was no direct evidence of…
2Cited by9 opinions
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