Legal Opinion

Brown v. Dysinger

Supreme Court of Pennsylvania

Decided June 15, 1829PublishedCited by 25 opinions

Appeal from the decision of the Chief Justice, at a Circuit Court' held for Mifflin county in Jlpril, 1829. , ■ Ejectment for a tract of land, claimed by Samuel Brown, a minor, suing by his guardian, William Brown, as heir at law to his father, Samuel Brown, against Jacob By singer and Bavid Walker.

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Appeal from the decision of the Chief Justice, at a Circuit Court' held for Mifflin county in Jlpril, 1829. , ■ Ejectment for a tract of land, claimed by Samuel Brown, a minor, suing by his guardian, William Brown, as heir at law to his father, Samuel Brown, against Jacob By singer and Bavid Walker. On the trial it appeared, that the premises in question having been taken in execution on a Levari Facias against Baniel Shortel, -were exposed to sale by the sheriff, when Bavid Walker, one.of the present defendants, publicly declaring, that he was bidding for Samuel Brown, (the father of the…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.

This was an ejectment for a tract of land in Mifflin county, alleged to have been purchased by David Walker, the defendant, for the use of the plaintiff, in which both parties claimed under the same title. The causé was tried before Chief Justice Gibson, on the 15th of April, 1829, when a verdict passed for the plaintiff, and a motion for a new trial was overruled; whereupon, the defendants appealed to this court. Seven reasons are assigned, for a newtrial, of which the first, third, and sixth, may be considered together. The substance of…

2Cases cited9 opinions

  1. Lessee of Hamilton v. MarsdenSupreme Court of Pennsylvania · 1813
  2. French v. M'IlhennySupreme Court of Pennsylvania · 1809
  3. Clayton v. ClaytonSupreme Court of Pennsylvania · 1811
  4. Peebles v. ReadingSupreme Court of Pennsylvania · 1822
  5. Gause v. WileySupreme Court of Pennsylvania · 1818

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3Cited by25 opinions

  1. Wheeler v. . ReynoldsNew York Court of Appeals · 1876
  2. Hamberg v. BarskySupreme Court of Pennsylvania · 1946
  3. Nease v. CapehartWest Virginia Supreme Court · 1874
  4. Kellum v. SmithSupreme Court of Pennsylvania · 1859
  5. Holmes v. ACandS, Inc.Indiana Court of Appeals · 1999

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