Covert v. Irwin
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Lycoming county in ejectment, on which a bill of exceptions was returned to the charge of the Court below. t , The errors assigned, were in the charge of the Court below to the jury. No part of the evidence was returned to this Court, except so far as it was stated in the charge. By this it appeared, that the heirs of John Covert, the plaintiffs below, claimed under an improvement made by the said John.
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In Error. ERROR to the Common Pleas of Lycoming county in ejectment, on which a bill of exceptions was returned to the charge of the Court below. t , The errors assigned, were in the charge of the Court below to the jury. No part of the evidence was returned to this Court, except so far as it was stated in the charge. By this it appeared, that the heirs of John Covert, the plaintiffs below, claimed under an improvement made by the said John. The defendants claimed under Thomas Procter, whose title was by warrant and survey. The defendants also alleged, that John Covert was the tenant of…
1Opinion of the Court
Tilghman C. J.
The errors assigned in this case, are in the charge of the Court below, to the jury. We have not the evidence, except as it is stated in the charge, so that we must take it as there stated. It appears, then, that the heirs of John Covert, (the plaintiffs below,) claim under an improvement made by the said John. The defendants claim under Thomas Procter, whose title was by warrant and survey. The defendants also allege that John Covert was the tenant of Procter, and therefore if any improvement was made by him, it enured to the use of Procter. And further, they allege that this…
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