Cleavinger v. Reimar
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Somerset county. This was an ejectment for 300 acres of land, situate in the townships of Milford and Turkeyfoot, warranted and patented in the name of Peter Henry, Jun., adjoining lands of Peter Henry, Peter Gary, John Brook, William Smith, and Samuel Tucker.
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ERROR to the Common Pleas of Somerset county. This was an ejectment for 300 acres of land, situate in the townships of Milford and Turkeyfoot, warranted and patented in the name of Peter Henry, Jun., adjoining lands of Peter Henry, Peter Gary, John Brook, William Smith, and Samuel Tucker. Samuel Reimar, the defendant in error and plaintiff below, claimed the land under a warrant, dated the 9th of July 1832, granted to Peter Henry for 300 acres; a survey made in pursuance thereof, ‘on the 25th of July 1832, containing 300 acres, and an allowance of six per cent, for roads, &c.; a patent,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy,-J.
The first error cannot be sustained. The evidence objected to was clearly admissible, because it was pertinent to the issue, as will be shown in the sequel.
Neither does the second error appear to be sustainable. The only evidence offered, or given to the court to prove the interest and incompetency of Peter Henry, on that account, in the cause or the event of it, was his own testimony given on his voire dire at the instance of the defendants. But, according to it, he sold and conveyed nothing to the plaintiff, Reimar, but his claim to the…
2Cases cited1 opinion
- Galbraith v. ElderSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
- Pickett v. FergusonSupreme Court of Arkansas · 1885
- Chalupiak v. StahlmanSupreme Court of Pennsylvania · 1951
- Smith v. BrotherlineSupreme Court of Pennsylvania · 1870
- Cox's Administrators v. HenrySupreme Court of Pennsylvania · 1858
- Yerkes v. CrumNorth Dakota Supreme Court · 1891
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