Ihmsen v. Ormsby
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an ejectment by Christian Ihmsen against Oliver H. Ormsby and others, heirs and legal representatives of Oliver Ormsby, deceased, for one undivided third part of a tract of 25 acres of land, in Lower St. Clair township.
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Error to the District Court of Allegheny county. This was an ejectment by Christian Ihmsen against Oliver H. Ormsby and others, heirs and legal representatives of Oliver Ormsby, deceased, for one undivided third part of a tract of 25 acres of land, in Lower St. Clair township. The plaintiff showed a survey for a tract of 370 acres 154 perches, by the name of “ Bergen op Zoom,” to John Ormsby, Sr., dated the 6th June 1786, a warrant of acceptance of the 4th April 1788, and a patent of the 11th April 1788. John Ormsby, Sr., left two children, Oliver, the ancestor of the defendants, Sidney,…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
This was an ejectment brought by Christian Ihmsen, who is also the plaintiff in error, and who claimed as the alienee *200of one of the heirs of John Ormsby. The jury returned a verdict for the plaintiff for one undivided third part of the land described in the writ, subject to the opinion of the court upon a question reserved. That question was whether the record of a certain proceeding in partition in the Orphans’ Court did or did not estop the plaintiff from recovering in the action. The court below was of opinion that it did, and rendered a…
2Cases cited1 opinion
- Mehaffy v. DobbsSupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Simon's EstateSuperior Court of Pennsylvania · 1902
- Stickles v. OviattSupreme Court of Pennsylvania · 1905
- Breen's EstateSuperior Court of Pennsylvania · 1942
- State v. DuganSuperior Court of Delaware · 1879