Blackmore v. Gregg
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. This was an action of ejectment by Oliver O. Gregg and Christopher Ihmsen against Thomas Blackmore and Jacob Poth, for the undivided third part of a tract of land in St. Clair township, containing 30 acres more or less. The plaintiffs claimed as alienees of Gabriel Swazey and wife; the defendants, under the heirs of Oliver Ormsby, deceased.
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ERROR to the district court of Allegheny county. This was an action of ejectment by Oliver O. Gregg and Christopher Ihmsen against Thomas Blackmore and Jacob Poth, for the undivided third part of a tract of land in St. Clair township, containing 30 acres more or less. The plaintiffs claimed as alienees of Gabriel Swazey and wife; the defendants, under the heirs of Oliver Ormsby, deceased. The plaintiffs gave in evidence, title from the Penns to Dr Bed-ford, and from him to Mrs Jane Ormsby; and the death of Mrs Ormsby; and evidence to prove the wife of Gabriel Swazey to be the only daughter of…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The bar of two verdicts in ejectment, is a statutory estoppel; and estoppels have effect only between parties and privies. The statute does not, indeed, expressly require the two verdicts to have been betwixt those who stood in that relation to the parties to be affected; but it would be monstrous to doubt that such was the intent. Statutes are to be interpreted as near as may be to the principles of the common law, especially in respect to matters which it may have been thought unnecessary to specify in detail; and it would have evinced a…
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