Bennet v. Paine
Supreme Court of Pennsylvania
ERROR to Bradford county. Ejectment for a tract of land by Selah Paine against Benjamin Bennet. In 1809 Archibald M’Allister brought an ejectment against Amos and Nathan Bennet for a tract of land alleged to be the same as that now in dispute, which suit was settled by the parties in 1813, and Benjamin Bennet the son of Amos Bennet gave a mortgage to M’ Allister for the purchase money of his title: this was sued out in 1819, and judgment was obtained for 1674 dollars 40…
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ERROR to Bradford county. Ejectment for a tract of land by Selah Paine against Benjamin Bennet. In 1809 Archibald M’Allister brought an ejectment against Amos and Nathan Bennet for a tract of land alleged to be the same as that now in dispute, which suit was settled by the parties in 1813, and Benjamin Bennet the son of Amos Bennet gave a mortgage to M’ Allister for the purchase money of his title: this was sued out in 1819, and judgment was obtained for 1674 dollars 40 cents, upon which executions were issued, and in 1822 the land was sold to I. C. M’Allister, who conveyed it to Selah Paine…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
This cause was in this court before. 2 Watts 427. On the trial in the common pleas on that occasion, Bennet, the defendant, set up as a defence that which was originally insisted on by his father, and which was the object of, and was the matter settled by, the compromise with M’Allister. This event decided that there was then error in the charge of the court on the facts as proved.
On a second trial the plaintiff after having shown his legal title, and which, uncontradicted, would have entitled him to recover, went on to call a witness to…
2Cases cited1 opinion
- Payne v. BennetSupreme Court of Pennsylvania · 1834
3Cited by7 opinions
- Camoron v. ThurmondTexas Supreme Court · 1881
- Austell v. RiceSupreme Court of Georgia · 1848
- Korne v. KorneWest Virginia Supreme Court · 1887
- Thompson v. NelsonIndiana Supreme Court · 1867
- Adams v. MortonSupreme Court of Iowa · 1873
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