Barclay v. Richard W. Howell's Lessee
Supreme Court of the United States
ERROR to the circuit court of the United Stales, for the eastern district of Pennsylvania. This was an ejectment originally instituted in the district court for the western district of Pennsylvania, and removed to the circuit court for the eastern district, under the act of congress of March 3, 1821; the judge of the western district having been counsel in a former ejectment, involving the same matter in controversy.
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ERROR to the circuit court of the United Stales, for the eastern district of Pennsylvania. This was an ejectment originally instituted in the district court for the western district of Pennsylvania, and removed to the circuit court for the eastern district, under the act of congress of March 3, 1821; the judge of the western district having been counsel in a former ejectment, involving the same matter in controversy. The defendant in error, the plaintiff below, claimed in the declaration, “ one messuage, a lot, or piece or parcel of land, lying between Water street and the river Monongahela,…
1Opinion of the CourtJustice M’Lean
This suit was brought in the'western district of Pennsylvania, to recover a lot of ground in the city of Pittsburgh, described in the declaration as lying between Water street and the river Monongahela. As the district judge could not sit in the cause, it'was certified to the eastern district, under the act of congress.
The defendants in the court below appeared in behalf of the city and defended the action, on the ground that the entire slip of land between the north line of Water street and the river, was dedicated, at the time the town was laid out, as a street or right of way to the public.
2Cited by147 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Hart v. BurnettCalifornia Supreme Court · 1860
- Irwin v. DixionSupreme Court of the United States · 1850
- Sims v. City of FrankfortIndiana Supreme Court · 1881
- Werlein v. New OrleansSupreme Court of the United States · 1900
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