Legal Opinion

Harper v. Farmers' & Mechanics' Bank

Supreme Court of Pennsylvania

Decided May 15, 1844PublishedCited by 9 opinions

ERROR to the Common Pleas of Cumberland county. This was an action of ejectment by The Farmers’ and Mechanics’ Bank against John Harper and Sarah Miller for a tract of land.

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ERROR to the Common Pleas of Cumberland county. This was an action of ejectment by The Farmers’ and Mechanics’ Bank against John Harper and Sarah Miller for a tract of land. The plaintiff claimed under a warrant to Moses Foulk, dated 24th March 1786, and survey for 424 acres 22 perches, made 20th December 1794, and upon a sheriff’s sale to the plaintiff upon a judgment in their favour against George Ege, No. 257, April term 1820, and regularly revived by subsequent writs of scire facias. The proceedings were rea'd, &c. The defendants rested their defence on two grounds. 1st, That the levy…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

This is an ejectment to recover 424 acres 22 perches of land, claimed by the plaintiff on a warrant to Moses Foulk, dated the 4th March 1806, surveyed the 20th December 1794, of which George Ege was the owner. A judgment was obtained against Ege to the April term 1S20, on which there w’as an execution, levy and inquisition on the Mount Holly iron-works, of which the tract in dispute, as the plaintiff alleges, constitutes a part. The property was sold, and plaintiff was the purchaser.

The defence is rested on two groundsr

1. That the levy does…

2Cases cited2 opinions

  1. Larimer v. M'CallSupreme Court of Pennsylvania · 1842
  2. Voris v. SmithSupreme Court of Pennsylvania · 1825

3Cited by9 opinions

  1. Reber v. WrightSupreme Court of Pennsylvania · 1871
  2. McCormick's Administrator v. IrwinSupreme Court of Pennsylvania · 1860
  3. Stewart v. TrevorSupreme Court of Pennsylvania · 1868
  4. Eberts v. EbertsSupreme Court of Pennsylvania · 1867
  5. Schuylkill & Dauphin Improvement & Railroad v. McCreary & JonesSupreme Court of Pennsylvania · 1868

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