Legal Opinion

Smull v. Jones

Supreme Court of Pennsylvania

Decided September 15, 1843PublishedCited by 7 opinions

ERROR to the Common Pleas of Dauphin county. This was an action of ejectment by John Smull against A. J. Jones, Theo. Fenn, and the Harrisburg Savings Institution, to recover a house and lot in Harrisburg. During the pendency of the suit, John Smull died, and his heirs-at-law were substituted. The plaintiffs’ claim was founded upon an allegation of fraud on the part of the defendants and John Snevily in purchasing the property at sheriff’s sale as that of the plaintiffs.

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ERROR to the Common Pleas of Dauphin county. This was an action of ejectment by John Smull against A. J. Jones, Theo. Fenn, and the Harrisburg Savings Institution, to recover a house and lot in Harrisburg. During the pendency of the suit, John Smull died, and his heirs-at-law were substituted. The plaintiffs’ claim was founded upon an allegation of fraud on the part of the defendants and John Snevily in purchasing the property at sheriff’s sale as that of the plaintiffs. The facts of the case are sufficiently stated in the opinion of this Court.

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The first error assigned is an exception to the opinion of the court below in allowing a challenge of William Watson as a juror, who was selected and called as such to try the cause; because it appeared by his own statement that he was the executor and son-in-law of Abraham Oves deceased, to whom John Smull, the ancestor of the plaintiffs, died indebted ; and, as it was further alleged, that the said Smull’s estate was insolvent, and the land in question in this action, if recovered, would be a fund that must be applied towards the payment…

2Cited by7 opinions

  1. Hunt v. ElliottIndiana Supreme Court · 1881
  2. Venner v. Denver Union Water Co.Supreme Court of Colorado · 1907
  3. Cullum v. WagstaffSupreme Court of Pennsylvania · 1864
  4. Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
  5. Commonwealth v. KeeneSuperior Court of Pennsylvania · 1898

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