Hurst v. Dippo
Supreme Court of the United States
Trespass. — The plaintiff’s counsel opened, that William Penn, by deed of lease and release, granted to his ancestor, A. Sonmans, five thousand acres of land in Pennsylvania; that such deeds were lost or otherwise mislaid ; and to prove the existence of such deeds, he showed a list of names, commonly called the list of first purchasers, and containing a warrant, signed and sealed by William.
Read the full summary
Trespass. — The plaintiff’s counsel opened, that William Penn, by deed of lease and release, granted to his ancestor, A. Sonmans, five thousand acres of land in Pennsylvania; that such deeds were lost or otherwise mislaid ; and to prove the existence of such deeds, he showed a list of names, commonly called the list of first purchasers, and containing a warrant, signed and sealed by William. Penn to *his surveyor-general, to survey the several quantities of land there mentioned; which the plaintiff L contended was good evidence to prove his title. Defendant demurred to plaintiff’s evidence. A…
1Opinion of the Court
After long debate, the Chief Justice gave the opinion of the Court, as follows :
Chew, Chief Justice.
Though demurrers are disused, yet the law is not uncertain. It is a settled rule that courts of law determine law; a jury, facts. Upon which maxim every security depends in an English country.
When a deed is produced in evidence, it must be shown in hcee verba on the demurrer. There is a difference between Halier’s (Jase as reported in Croke and Coke ; but it is law, that when facts are attempted to be proved by witnesses, the fact must be admitted ; but previous to the admission of a fact,…
2Cited by2 opinions
- Commonwealth v. AlburgerSupreme Court of Pennsylvania · 1836
- AnonymousSupreme Court of the United States · 1773