McMasters v. Bell
Supreme Court of Pennsylvania
IN ERROR. Error to the Common Pleas of Westmoreland county. This was an action of ejectment, to recover a tract of land, in which the plaintiff in error was the plaintiff below. This case covered a good deal of paper, as presented to this Court. There was much testimony, and that somewhat different, though not exactly contradictory. It presented this case.
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IN ERROR. Error to the Common Pleas of Westmoreland county. This was an action of ejectment, to recover a tract of land, in which the plaintiff in error was the plaintiff below. This case covered a good deal of paper, as presented to this Court. There was much testimony, and that somewhat different, though not exactly contradictory. It presented this case. Robert Bell was the owner of the land in question by improvement in the year 1777 or ’78, he had a house and 20 or 30 acres of land cleared, and fled from it, when every body else fled, on account of depredations by the Indians. In 1779 or…
1Opinion of the Court
*183The opinion of the Court was delivered by
Huston, J.
The judge below gave an elaborate charge ; ana taking it into consideration, we are of opinion, there is no error in it. Where a person has a right-of entry into lands, and does enter, it will always be taken that he entered under that right, and not as a trespasser. Here the mother, as the natural guardian, and her husband exercising that right, might well enter; and in the absence of all proof as to his intention, will be taken to have so entered. 1 Plow. 293. Co. Lit 551. 3 Cruise. Dig. 41. Besides he was entitled to the dower of his wife.
H…
2Cited by1 opinion
- Springer v. YoungOregon Supreme Court · 1886