Swartz v. Moore
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Court of Common Pleas of Lycoming county. ' Peter Swartz, who was also the plaintiff below, brought an ejectment against James Moore, for an island, containing six acres of land, including the waters of Loyalsock creek, _,r ... _ , The property in dispute, was part of a larger tract which had belonged to Andrew Carson.
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In Error. THIS was a writ of error to the Court of Common Pleas of Lycoming county. ' Peter Swartz, who was also the plaintiff below, brought an ejectment against James Moore, for an island, containing six acres of land, including the waters of Loyalsock creek, _,r ... _ , The property in dispute, was part of a larger tract which had belonged to Andrew Carson. The plaintiff claimed under John Rose, who purchased the property in dispute at sheriff’s sale in 1810, upon a judgment against the fives of Andrew Carson, obtained by him on the 20th June, J 7 1808. A deed was made by the…
1Opinion of the Court
The opinion of Tilghman C. J., and Duncan J., was delivered by
Duncan J.
The important question in this case was, did the levy and sheriff’s deed to Thomas Lloyd, include the lands claimed by the defendant ? The levy is of 320 acres, more or less, adjoining John Hollingsworth, where John Blair now lives. The sheriff’s deed is in the words of the *260levy. The limitations in a conveyance, are always matter of law. What lands are described, is often a matter of fact, The operation of the deed, as to the nature of the estate, is for judicial construction ; the description of the property, its extent,…
2Cited by3 opinions
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- Zeigler v. HoutzSupreme Court of Pennsylvania · 1841