Legal Opinion

Ewing v. Barras

Supreme Court of Pennsylvania

Decided December 15, 1842PublishedCited by 6 opinions

ERROR to the Common Pleas for the city and county of Philadelphia. This was a scire facias on a mechanic’s claim, brought by Jacob O. Ewing against John B. Barras and Benton Costen, to which the defendants pleaded non assumpsit, payment and set-off, with leave, &c.

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ERROR to the Common Pleas for the city and county of Philadelphia. This was a scire facias on a mechanic’s claim, brought by Jacob O. Ewing against John B. Barras and Benton Costen, to which the defendants pleaded non assumpsit, payment and set-off, with leave, &c. The claim filed described the property as “ all that certain three story brick building, situate in Clinton street, on the north side thereof, and 130 feet east of Eleventh street, in the city of Philadelphia, containing in front on said Clinton street 20 feet, and having three story back buildings, and the lot,” &c. naming Barras…

1Opinion of the Court

*468The opinion of the Court was delivered by

Rogers, J.

— The description of the property, although not precisely accurate, is not altogether inconsistent with the deed. It is described as “ all that certain three story brick building, situate in Clinton street, on the north side thereof, and 130 feet east of Eleventh street.” And this corresponds with the deed, or at any rate is not in opposition to it; for, by the deed, it appears that the lot on which the building is erected, and which is described with sufficient particularity, extends 136 feet from Eleventh street; that is to say, it begins…

2Cited by6 opinions

  1. Kezartee v. Marks & Co.Oregon Supreme Court · 1888
  2. Lauman's AppealSupreme Court of Pennsylvania · 1848
  3. Witman v. WalkerSupreme Court of Pennsylvania · 1844
  4. Kennedy v. House & HortonSupreme Court of Pennsylvania · 1861
  5. Thomas v. Northern LibertiesSupreme Court of Pennsylvania · 1850

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