Kellum v. Smith
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county: Of July Term 1869, No. 15. This was an ejectment, commenced November 17th 1855, by Emma J. Smith (now Hewitt) against Samuel Kellum and William Cowell, for a strip of land on the west side of the Susquehanna, about 245 rods in length, about 16 feet in width at the river and about 4 feet at the other end, containing about 4 acres.
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Error to the Court of Common Pleas of Bradford county: Of July Term 1869, No. 15. This was an ejectment, commenced November 17th 1855, by Emma J. Smith (now Hewitt) against Samuel Kellum and William Cowell, for a strip of land on the west side of the Susquehanna, about 245 rods in length, about 16 feet in width at the river and about 4 feet at the other end, containing about 4 acres. The question was one of boundary between the plaintiff on the south and the defendants on the north; Kellum being on the western part of the boundary and Cowell on the eastern. The land of all the parties…
1Opinion of the Court
The opinion of the court was delivered, March 28th 1870, by
Agnew, J.
It was an error to charge the jury that the line run by Judge Morgan could not be set up as a eonsentable line; and that it was abandoned by both parties at the settlement made in 1854. Such abandonment (if it took place) was a matter of fact, and not of law. The legal effect of the compromise of 1854 would have been to avoid the Morgan line of 1848, had there been no imposition in procuring it. But the very question in the cause was the invalidity of that compromise on the ground of fraud. If invalid, the parties were thrown…
2Cases cited2 opinions
- Bowen v. CooperSupreme Court of Pennsylvania · 1838
- Brower v. OsterhoutSupreme Court of Pennsylvania · 1844
3Cited by2 opinions
- Dunlap v. ReardonSuperior Court of Pennsylvania · 1903
- Smith v. RobartsCalifornia Supreme Court · 1885