Lessee of Dougherty v. Piper
Supreme Court of Pennsylvania
EjectmeNT for 108 acres and 152 perches, in Coleraine township. The plaintiff claimed under a slight improvement of some adjacent. land: made by James Wells, who sold to Edward Logston, on the 16th January 1765. Logston conveyed to the lessor of the plaintiff on the 26th of the same month.
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EjectmeNT for 108 acres and 152 perches, in Coleraine township. The plaintiff claimed under a slight improvement of some adjacent. land: made by James Wells, who sold to Edward Logston, on the 16th January 1765. Logston conveyed to the lessor of the plaintiff on the 26th of the same month. He offered in evidence the copy of an original warrant in his own name, dated 17th April 1766, for 250 acres, including his improvement, which he purchased of Edward Logston, who purchased of James Wells, lying on a branch of Juniata, called Piper’s Run, known by the name of the Flag Bottom, about 14 miles…
1Opinion of the Court
Per cttr.
The case has assumed a new shape. It is asserted on the one side, that the title of the plaintiff, if he ever had any, is extinguished by his agreement. On the other hand it is contended, that the defendant has infringed the contract, and the plaintiff offers this warrant of 1786 to prove it. Regularly, the title must be tried as it was at the time of the demise laid, but in a variety of instances, acts done since, may be shewn on either side, illustrative of the truth of certain facts, or of the intentions of the parties. No evidence has been given to shew what either party did…
2Cases cited1 opinion
- Goddard v. GloningerSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- Goddard v. GloningerSupreme Court of Pennsylvania · 1836
- Lessee of Lewis v. StammersSupreme Court of Pennsylvania · 1759