Malson v. Fry
Supreme Court of Pennsylvania
ERROR to the district court of Lancaster county. This was an action of ejectment by Ephraim Malson and others, heirs at law of Thomas Malson deceased, against John Dritt and John Fry, for three islands in the Susquehannah river in Manor township, Lancaster county, containing altogether about sixty acres.
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ERROR to the district court of Lancaster county. This was an action of ejectment by Ephraim Malson and others, heirs at law of Thomas Malson deceased, against John Dritt and John Fry, for three islands in the Susquehannah river in Manor township, Lancaster county, containing altogether about sixty acres. During the progress of the trial many bills of exception to the admission of evidence were taken; but the court below being of opinion, that if all the plaintiffs’ evidence were true they-could not recover, that point alone was decided by this court. The evidence on that subject was, that…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
No less than twenty errors have been assigned; but if the court below were right in answering the first point of the defendant, which is made the ground of the twelfth error, all the other matters complained of as error become immaterial and irrelevant ; for even supposing there be error in some of them, yet when corrected, by no possibility could they aid the plaintiff’s recovery. Edgar v. Boies, 11 Serg. & Rawle 450.
The answer of the district court then to the defendant’s first point, was in substance a direction to the jury, that…
2Cases cited1 opinion
- Wogan v. SmallSupreme Court of Pennsylvania · 1824
3Cited by4 opinions
- Adams v. Nicholas, Pennsylvania Court of Common Pleas, Philadelphia County1835
- State v. RogerSupreme Court of Louisiana · 1852
- Commonwealth v. ChildMassachusetts Supreme Judicial Court · 1830
- Commonwealth v. MageePhiladelphia County Court of Quarter Sessions · 1873