Forster v. M'Divit
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Huntingdon county. This was an action of ejectment by the executors of William Forster, deceased, against William M’Divit, for 150 acres of land. The points argued, in this court, .are fully stated in the opinion. argued that any improvement and cultivation upon the land, whether by the owner of an adjoining survey or not, exempts the land from sale as unseated ; and on this point cited 1 Watts 504; 4 Watts 366; 7 Watts 37; 3 Watts Serg. 238.
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned is an exception to the answer given by the court below to the 11th point submitted by the plaintiffs. By this point the court were requested to instruct the jury, “ if they believed that the small field at the east end of the Joseph Long survey was cleared and enclosed as far back as 1812, and continued in grain and grass up to 1817 or 1818, and that a portion of the fence remained round the field, and grass grew in it up to 1823, upon which the cattle of Mr Livingston as well as others fed, and that Livingston never…
2Cited by3 opinions
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
- Heath v. BiddleSupreme Court of Pennsylvania · 1848
- Wilson v. WattersonSupreme Court of Pennsylvania · 1846