Wertz v. May
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. This was an ejectment to April Term, 1844, by Peter Wertz v. Daniel May, for about 124 acres of land. Plea, not guilty. April 27, 1846, verdict for defendant. May 2, 1846, judgment on the verdict. Writ of error to May Term, 1853. On the trial, the plaintiff gave in evidence an application by him, dated 13th September, 1833, for 200 acres.
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Error to the Common Pleas of Bedford county. This was an ejectment to April Term, 1844, by Peter Wertz v. Daniel May, for about 124 acres of land. Plea, not guilty. April 27, 1846, verdict for defendant. May 2, 1846, judgment on the verdict. Writ of error to May Term, 1853. On the trial, the plaintiff gave in evidence an application by him, dated 13th September, 1833, for 200 acres. Then a warrant to said Wertz for 200 acres, dated 17th September, 1833, and survey thereon for 198 acres, dated 1st October, 1833. May, the defendant, claimed the land in dispute by virtue of an improvement made…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
— There are eight specifications of error on this record, and they shall be despatched in order.
1 and 2. The draft and office papers mentioned in these, though rejected by the Court, were afterwards admitted by consent of counsel, and the plaintiff, having thus had the benefit of them before the jury, has nothing to complain of here.
3. The deposition of John Mardath had been taken in a previous cause between the same parties, about the same subject-matter. This entitled the defendant to give it in evidence, and the termination of the…
2Cited by12 opinions
- Commonwealth v. FultonSupreme Court of Pennsylvania · 2003
- Webb v. StateOhio Supreme Court · 1876
- Louisville & N. R. Co. v. McClishCourt of Appeals for the Sixth Circuit · 1902
- Commonwealth v. HazlettSuperior Court of Pennsylvania · 1900
- Commonwealth v. SmithSupreme Court of Pennsylvania · 1989
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