Lamb v. Irwin
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Forest county: Of October and November Term 1870, No. 145. This was an action of ejectment brought November 26th 1867, by Richard Irwin against M. Anna Lamb and others, heirs of John Lamb — Orris Hall, W. P. Merrill, John C. Schooley, D. C. Hyde, George B. Downing, William Downing, J. 0. McIntyre and - Saekett, for a tract of 1100 acres of land, being warrant No. 5217, in Kingsley township, Forest county, formerly Venango county.
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Error to the Court of Common Pleas of Forest county: Of October and November Term 1870, No. 145. This was an action of ejectment brought November 26th 1867, by Richard Irwin against M. Anna Lamb and others, heirs of John Lamb — Orris Hall, W. P. Merrill, John C. Schooley, D. C. Hyde, George B. Downing, William Downing, J. 0. McIntyre and - Saekett, for a tract of 1100 acres of land, being warrant No. 5217, in Kingsley township, Forest county, formerly Venango county. The case was tried May 24th 1870, before Campbell, P. J. The plaintiff gave in evidence: warrant, survey and patent to George…
1Opinion of the Court
The opinion of the court was delivered, October 30th 1871, by
Agnew, J.
We think the court erred in withdrawing from the jury the question of the agency of Richard Irwin for Richard L. Clark and his heirs, and of the offer to redeem alleged to be made by Benjamin May. The facts collected together and summed up in the 4th point of the defendants below were undoubtedly some evidence of Judge Irwin’s agency in payment of the taxes for Clark, and if unexplained might lead to the conclusion that he had been employed by Clark or his heirs to attend to the land and prevent its sale; for it is not…
2Cases cited2 opinions
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Reid v. StanleySupreme Court of Pennsylvania · 1843
3Cited by3 opinions
- Bellman v. Pittsburg & Allegheny Valley Railway Co.Superior Court of Pennsylvania · 1906
- Conklin v. CullenMontana Supreme Court · 1903
- Johnson v. DecSuperior Court of Pennsylvania · 1980