Malone v. Sallada
Supreme Court of Pennsylvania
Error to the Common Pleas of Northumberland, county. This was an action of ejectment, by Jacob M. Sallada, Henry Taylor, and Levan Mannerbach against James Malone, Daniel Kriegbanm, Robert Hayes; Henrietta Elliot, executors of John Elliot, deceased, and Andrew M. Eastwick, for a tract of land in Mount Carmel township, Northumberland county, containing one hundred and seventy-six acres and eighty-three perches, aDd allowance.
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Error to the Common Pleas of Northumberland, county. This was an action of ejectment, by Jacob M. Sallada, Henry Taylor, and Levan Mannerbach against James Malone, Daniel Kriegbanm, Robert Hayes; Henrietta Elliot, executors of John Elliot, deceased, and Andrew M. Eastwick, for a tract of land in Mount Carmel township, Northumberland county, containing one hundred and seventy-six acres and eighty-three perches, aDd allowance. Some of the names of the above named plaintiffs and defendants were added on the trial, as their interests in the land in controversy were ascertained. The plaintiffs…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
— The question in this case was, whether the warrant and survey in the name of Isaac Miller — one of the series of twenty-five warrants issued in 1793 to Dr. Ruston — included the land in dispute. If it did, there was no vacant land at that place for the Heylman warrant and survey of 1855, under which the plaintiff claimed — if it did not, the land was vacant when the Heylman warrant was laid, and the plaintiffs were entitled to recover.
The main dispute had regard to the nature of the evidence by which this question of location was to…
2Cited by8 opinions
- Baker v. Roslyn Swim ClubSuperior Court of Pennsylvania · 1965
- Standefer v. VaughanCourt of Appeals of Texas · 1920
- Post v. Wilkes-Barre Connecting R. R.Supreme Court of Pennsylvania · 1926
- Pencil v. BuchartSupreme Court of Pennsylvania · 1988
- Ferguson v. Bloom, Pennsylvania Court of Common Pleas, Clearfield County1891
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