Legal Opinion

Mitchell v. Bratton

Supreme Court of Pennsylvania

Decided May 15, 1843PublishedCited by 4 opinions

ERROR to the Common Pleas of Mifflin county. This was an action of ejectment by George Mitchell against Charles Bratton and James Bratton, for a tract of land in which the plaintiff’s title was founded upon an assessment and sale of the land as unseated, in 1822, by the treasurer of Mifflin county, as the property of Frederick Lazarus.

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ERROR to the Common Pleas of Mifflin county. This was an action of ejectment by George Mitchell against Charles Bratton and James Bratton, for a tract of land in which the plaintiff’s title was founded upon an assessment and sale of the land as unseated, in 1822, by the treasurer of Mifflin county, as the property of Frederick Lazarus. The only point in the-cause of any consequence arose out of the following instruction of the court below to the jury i Woodward (President). The residue of the case relates to the settlement made within the lines of Frederick, Lazarus by “ young Sailor Billy…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

Upon a careful examination of the errors assigned in this case, we are of opinion that none of them have been sustained, excepting the fourth, which is an exception to the instruction given by the court to the jury in the conclusion of their charge. The instruction thus excepted to is in these words: “ If, on the whole, the jury believe that Bratton was residing on the Frederick Lazarus tract before 1820, it was a seated tract, and could not be sold for taxes. And if you find there was such residence, your verdict should be for the…

2Cases cited2 opinions

  1. Campbell v. WilsonSupreme Court of Pennsylvania · 1833
  2. Harper v. M'KeehanSupreme Court of Pennsylvania · 1842

3Cited by4 opinions

  1. Dietrick & Wilson v. MasonSupreme Court of Pennsylvania · 1868
  2. McClements v. DowneySuperior Court of Pennsylvania · 1896
  3. Jackson v. SassamanSupreme Court of Pennsylvania · 1857
  4. Jackson v. StoetzelSupreme Court of Pennsylvania · 1878

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