Cooper v. Galbraith
U.S. Circuit Court for the District of Pennsylvania
This was an ejectment for land in the ■county of Northumberland, called the Limestone Lick tract. This land was purchased at sheriff’s sale by George Lang, on the 17th. of November 1807, under a venditioni ex-ponas, and by regular conveyances, the title to the said land became vested in the lessor of the plaintiff.
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This was an ejectment for land in the ■county of Northumberland, called the Limestone Lick tract. This land was purchased at sheriff’s sale by George Lang, on the 17th. of November 1807, under a venditioni ex-ponas, and by regular conveyances, the title to the said land became vested in the lessor of the plaintiff. Possession was obtained by the purchaser some time after the sale, and continued in him until about the year 1812; when the defendant [Galbraith] entered into a part of the land for which this ejectment is brought. It was proved, that the lessor of the plaintiff [Cooper] was a…
1Opinion of the CourtWashington, Circuit Justice
The general rule is undeniable, that the plaintiff in ejectment must show a legal right of entry, to entitle him to a verdict; and that, if his title appear to be merely equitable, he does not maintain his action. If, then, the defendant is permitted by the rules of law, to disclose the real facts of the case, and to avail himself of defects in the title of the lessor of the plaintiff, by showing that that title is merely equitable, or is inferior to some other outstanding title in a third person; the evidence now offered ought to be received.
The question is, can the defendant oppose the…
2Cases cited7 opinions
- Young v. TaylorSupreme Court of Pennsylvania · 1809
- Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
- Jackson ex dem. Tuthill v. DuboisNew York Supreme Court · 1809
- M'Dougall v. SitcherNew York Supreme Court · 1806
- Lessee of Dawson v. MorrisSupreme Court of Pennsylvania · 1807
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3Cited by21 opinions
- Morris v. GilmerSupreme Court of the United States · 1889
- Marks v. MarksU.S. Circuit Court for the District of Tennessee · 1896
- Campau v. GodfreyMichigan Supreme Court · 1869
- Stewart v. AndersonSupreme Court of Alabama · 1846
- Stevens v. LarwillMissouri Court of Appeals · 1904
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