Rhines v. Baird
Supreme Court of Pennsylvania
Error to the Common Pleas of JEUc county. This was an action of ejectment brought to March Term 1859, by Samuel II. Baird against Andrew S. Rhines, Henry Moore, Jerome Smith, and Andrew Jackson, for seven hundred acres of land, known as the Oregon Mill tract, situate in Spring Creek township, Elk county. On motion of plaintiff’s attorney, Charles Harlan was added to the record as co-defendant.
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Error to the Common Pleas of JEUc county. This was an action of ejectment brought to March Term 1859, by Samuel II. Baird against Andrew S. Rhines, Henry Moore, Jerome Smith, and Andrew Jackson, for seven hundred acres of land, known as the Oregon Mill tract, situate in Spring Creek township, Elk county. On motion of plaintiff’s attorney, Charles Harlan was added to the record as co-defendant. The material facts of the case were as follows:— Both parties claimed under B. P. H. Morrison, who was seised of an equitable title in the premises under articles of agreement between W. W. Hodges and…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
Numerous assignments of error have been made in this record, some of which are only repetitions of others, and some require very little notice. Both parties claim under the same person. The first assignment of error is therefore of no importance.
The exception to the admission of Samuel Baird as a witness for the plaintiff below would have been well taken, had he not *262been released from the liability assumed by the covenant of general warranty in his deed. But he was released. It has been argued here that the execution of the release was not…
2Cases cited3 opinions
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840
- Robinson v. CropseyNew York Court of Chancery · 1833
- Reed v. DickeySupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Baltimore & Ohio R. R. v. Wilson Snyder Mfg. Co.Supreme Court of Pennsylvania · 1924
- Kinports v. BoyntonSupreme Court of Pennsylvania · 1888
- Commonwealth v. DelenickCommonwealth Court of Pennsylvania · 1976
- Gaines v. Brockerhoff, Pennsylvania Court of Common Pleas, Clearfield County1890
- Commerce Bank v. Bello, Pennsylvania Court of Common Pleas, Dauphin County1991
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