Mehaffy v. Dobbs
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. This was a scire facias upon a recognizance in the orphans’ court, by John Dobbs and Andrew Dobbs, executors of Thomas Dobbs, who survived his wife Janet Dobbs, against Moses Eby, surviving cocognizor with Margaret Mehaffy and David Eby, with notice to James Mehaffy, Thomas Mehaffy, and Martha Mehaffy, brought to April term 1837.—Pleas payment with leave, &c., and the terre tenants pleaded that they hold no land bound by the…
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ERROR to the common pleas of Cumberland county. This was a scire facias upon a recognizance in the orphans’ court, by John Dobbs and Andrew Dobbs, executors of Thomas Dobbs, who survived his wife Janet Dobbs, against Moses Eby, surviving cocognizor with Margaret Mehaffy and David Eby, with notice to James Mehaffy, Thomas Mehaffy, and Martha Mehaffy, brought to April term 1837.—Pleas payment with leave, &c., and the terre tenants pleaded that they hold no land bound by the lien of the recognizance. Plaintiffs gave evidence as follows: ' December 12, 1S15. Petition of Margaret Mehaffy, daughter…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
There are two material subjects of error on which the jury were misdirected—presumption of ouster from lapse of time, and recital of seisin in the common ancestor.
Before entering into a particular examinati'on of these, it is proper to premise that John’s title, whatever it may have been, was not concluded by the decree of confirmation in the proceedings in partition. He was not a party to those proceedings, which were indeed not inter partes at all; and a decree in rem, though it concludes all the world as to matters properly determinable…
2Cases cited2 opinions
- Geddis v. HawkSupreme Court of Pennsylvania · 1832
- Frederick v. GraySupreme Court of Pennsylvania · 1823
3Cited by13 opinions
- Bolton v. HamiltonSupreme Court of Pennsylvania · 1841
- Clark EstateSupreme Court of Pennsylvania · 1923
- Susquehanna & Wyoming Valley Railroad & Coal Co. v. QuickSupreme Court of Pennsylvania · 1869
- Hamby Mountain Gold Mines, Ltd. v. Calhoun Land & Mining Co.Supreme Court of Georgia · 1889
- Hover v. HillsSupreme Court of Pennsylvania · 1922
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