Legal Opinion

Seckel v. Engle

Supreme Court of Pennsylvania

Decided July 3, 1829PublishedCited by 4 opinions

Error to the Court of Common Pleas of Union county, in an ejectment brought by Henry Seckel against John Engle and John Guier, to recover ninety-four acres and three quarters of land in Penn township.- George Cooper being seised of lands in Union county, devised to his daughter, Sophia Seckel; for life, remainder in fee to her children, “ a tract of land in Penn township, surveyed to George Cooper,” and afterwards devised to his daughter.

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Error to the Court of Common Pleas of Union county, in an ejectment brought by Henry Seckel against John Engle and John Guier, to recover ninety-four acres and three quarters of land in Penn township.- George Cooper being seised of lands in Union county, devised to his daughter, Sophia Seckel; for life, remainder in fee to her children, “ a tract of land in Penn township, surveyed to George Cooper,” and afterwards devised to his daughter. Dorothy Guier, “ also a tract of land in Penn township, called Nicatenslin, granted to me by patent, recorded AA. vol. 14, p. 234.’* The first-mentioned…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

— Both parties claim under the testator, and it is therefore not competent to either to dispute the original title of the other; so that the evidence to show that the defendant’s warrant had not been actually surveyed on the ground, was properly overruled.

As regards the remaining point, the case is a singular one. The testator, erroneously supposing himself to.be the owner of two separate tracts of land, (the smaller under a junior title being located by mistake within the survey of the larger,) devises each respectively to one of his…

2Cited by4 opinions

  1. United States v. KummerCourt of Appeals for the Eleventh Circuit · 1996
  2. Ronnie Smith v. Margarett BinghamCourt of Appeals for the Fifth Circuit · 1990
  3. Midland Mining Co. v. Lehigh V. Coal Co., Pennsylvania Court of Common Pleas, Centre County1890
  4. Armstrong v. BoydSupreme Court of Pennsylvania · 1832

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