Austin v. Trustees of the University of Pennsylvania
Supreme Court of Pennsylvania
Case for the use and occupation of one messuage, one kitchen, two stores, one ferry landing, and lot of ground, situate on the north side of Mulberry street, in the city of Philadelphia, for the space of nine years, five months, and ten days, on a quantum valebant. The defendants pleaded non assiimpserunt and payment, with leave to give the special matters in evidence.
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Case for the use and occupation of one messuage, one kitchen, two stores, one ferry landing, and lot of ground, situate on the north side of Mulberry street, in the city of Philadelphia, for the space of nine years, five months, and ten days, on a quantum valebant. The defendants pleaded non assiimpserunt and payment, with leave to give the special matters in evidence. The cause came on to trial in January term 1791, when the jury found a special verdict, in hcsc verba: “ The jurors find, that the premises stated in the-declara“tion, were forfeited to the commonwealth by the attainder “of…
1Opinion of the Court
Yeates J.
The chief justice and Mr. Justice Shippen decline to give any opinion on the special verdict, by reason of their being trustees of the University. Mr. Justice Bradford feels the same delicacy, from being formerly retained as counsel on the part of the trustees. It falls therefore to my share to deliver the judgment of the court, though I should have been better pleased to have first heard the arguments of counsel on the special verdict.
There can be no question in this, that the plaintiff’s merely buying the lot of ground and premises, formerly the property of his brother William…
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