Cooper v. Smith
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. Alexander Cooper and others, heirs at law of Robert Cooper, against Bela B. Smith. Ejectment for one hundred acres of land. The plaintiff gave in evidence a deed for the land, dated the 12th of April 1770, from C. Winemiller to George Woods, from Woods to Pendegrass, dated the 17th of June 1772; from Pendegrass to Simrall, dated the 4th of October 1S03, and agreement between.
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ERROR to the common pleas of Westmoreland county. Alexander Cooper and others, heirs at law of Robert Cooper, against Bela B. Smith. Ejectment for one hundred acres of land. The plaintiff gave in evidence a deed for the land, dated the 12th of April 1770, from C. Winemiller to George Woods, from Woods to Pendegrass, dated the 17th of June 1772; from Pendegrass to Simrall, dated the 4th of October 1S03, and agreement between. Siturali and Robert Cooper, dated the 14th of September 1818, by which the former agreed to sell the land to Cooper, and proved that the plaintiffs were the heirs at law…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned is a bill of exception to *539the opinion of the court below, rejecting the evidence of Alexander Simrall, taken under a commission issued in a former action of ejectment, brought in 1S16 by the defendant here against John Robb for some land, of which it would appear Robb was tenant at that time to Simrall. If it were the same land that is in dispute here, 1 am inclined to think that the evidence was admissible; for the parties and the titles set up there would seem, if the land were the same, to have been legally the…
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