Werkheiser v. Werkheiser
Supreme Court of Pennsylvania
APPEAL. This was an action of ejectment for a tract of land, situated in Hamilton township, in Northampton county, containing two hundred and fifty acres or thereabouts, brought by George Werldieiser against Margaret Werkheiser, widow of Charles Werkheiser, and the minor children of the said Charles Werkheiser, who appeared by their guardians.
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APPEAL. This was an action of ejectment for a tract of land, situated in Hamilton township, in Northampton county, containing two hundred and fifty acres or thereabouts, brought by George Werldieiser against Margaret Werkheiser, widow of Charles Werkheiser, and the minor children of the said Charles Werkheiser, who appeared by their guardians. The cause was originally instituted in the Court of Common Pleas of Northampton county, and removed by the plaintiff to the Circuit Court. On the trial before Judge Huston, at Easton, on the 8th of April, 1831, the counsel for the plaintiff, having…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The question for our decision is, whether the proceedings in the Orphan’s Court estopped the plaintiff from showing his title. The petition and facts set forth in it amounted to no more than an admission, which under some circumstances, might be of little or no weight; but which, if made under other circumstances, might be of great weight and importance. They, however, never could operate as an estoppel. If a man institute a suit, and has made an error in declaring, or in the parties to the action, he may discontinue it, and proceed in such…
2Cases cited4 opinions
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
- Rogers v. OldSupreme Court of Pennsylvania · 1819
- Davidson v. PopeCourt of Appeals of Kentucky · 1835
- Ives v. LeetSupreme Court of Pennsylvania · 1826
3Cited by7 opinions
- Bauer v. GarrettCalifornia Supreme Court · 1889
- Crest v. JackSupreme Court of Pennsylvania · 1834
- Carruthers v. WhitneyWashington Supreme Court · 1909
- Anthony v. ChapmanCalifornia Supreme Court · 1884
- Briscoe v. AstrueDistrict Court, S.D. New York · 2012
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