Legal Opinion

Kingston v. Lesley

Supreme Court of Pennsylvania

Decided January 12, 1824PublishedCited by 6 opinions

Ejectment, by Stephen Kingston against Peter Lesley, for a lot of ground- with several buildings upon it, in Arch street, in the city of Philadelpaia, tried before the Chief Justice at NisiPrius in November last, when a verdict was given in favour of the plaintiff, for two-thirds of the lot, and for the defendant as to the remaining third. A motion was now made on behalf of the defendant for a new trial.

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Ejectment, by Stephen Kingston against Peter Lesley, for a lot of ground- with several buildings upon it, in Arch street, in the city of Philadelpaia, tried before the Chief Justice at NisiPrius in November last, when a verdict was given in favour of the plaintiff, for two-thirds of the lot, and for the defendant as to the remaining third. A motion was now made on behalf of the defendant for a new trial. The plaintiff claimed under William Oxley, who derived his title from Thomas Howard. A patent was issued to Thomas Howard on the 26th September, 1687, and another patent to William Oxley, on…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

(after stating the case.) Several questions of law arose on the evidence, in the course of the trial, which are now to be considered, as well as one on the charge to the jury.

1. The plaintiff in order to show an ancient possession in William Oxley, offered in evidence, a paper, certified by the surveyor general, to be a true copy of a list of the first grantee or renters from the proprietaries, extracted from book No. 31, remaining in his office. This evidence was objected to by the defendant, but the objection was overruled. The book…

2Cases cited2 opinions

  1. Morris's Lessee v. VanderenSupreme Court of the United States · 1782
  2. Lessee of Douglass v. SandersonSupreme Court of Pennsylvania · 1791

3Cited by6 opinions

  1. Towner v. Lucas' ex'orSupreme Court of Virginia · 1857
  2. Watson v. BrewsterSupreme Court of Pennsylvania · 1845
  3. Summerville v. HollidaySupreme Court of Pennsylvania · 1833
  4. Gulick v. LoderSupreme Court of New Jersey · 1832
  5. Hastings v. WagnerSupreme Court of Pennsylvania · 1844

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