Lessee of Kyle v. White
Supreme Court of Pennsylvania
THIS cause, which was an ejectment for lands in Mifflin county, was tried before Judges Yeates and Smith upon the spring circuit of 1803, and a verdict found for the plaintiff against the charge of the court. A motion was made for a new trial and a rule to shew cause granted, which it was agreed by both parties should be argued in bank; and accordingly it was now argued by Watts and Duncan for the defendants, and by Dallas and C. Smith for the plaintiff.
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THIS cause, which was an ejectment for lands in Mifflin county, was tried before Judges Yeates and Smith upon the spring circuit of 1803, and a verdict found for the plaintiff against the charge of the court. A motion was made for a new trial and a rule to shew cause granted, which it was agreed by both parties should be argued in bank; and accordingly it was now argued by Watts and Duncan for the defendants, and by Dallas and C. Smith for the plaintiff. The case and the arguments are so fully stated in the opinion of the Chief Justice, that it becomes unnecessary to make any additional note…
1Opinion of the Court
Tilghman C. J.
This cause was tried at a Circuit Court in Mifflin county in May 1803, before Judges YeATes and Smith, ' when a verdict was found for the plaintiff. A motion was made for a new trial; and it was agreed by the counsel on both sides-that the case should be argued in bank.
It appears that in the year 1749 William White deceased, under whom the defendants claim, was settled on part of the land in dispute, which at that time had not been purchased by the proprietaries of Pennsylvania from the Indians. In the same year Richard Peters, secretary of the land office, went by order of the…
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