Legal Opinion

Gibson v. Winslow

Supreme Court of Pennsylvania

Decided January 4, 1864PublishedCited by 7 opinions

Error to the Common Pleas of JUlk comity. This was an action of ejectment, by Reuben Winslow against John Gibson, Robert Rothrock, Charles Miller, and Thomas Tozier, for the undivided moiety of warrant No. 5285, in Jay township, issued to John Mead, and known as the Caledonia property. On the 9th of June 1835, the whole of this property was owned by James L. Gillis and Zebulon Warner.

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Error to the Common Pleas of JUlk comity. This was an action of ejectment, by Reuben Winslow against John Gibson, Robert Rothrock, Charles Miller, and Thomas Tozier, for the undivided moiety of warrant No. 5285, in Jay township, issued to John Mead, and known as the Caledonia property. On the 9th of June 1835, the whole of this property was owned by James L. Gillis and Zebulon Warner. The title was derived through two deeds to them by Robert Smith, surviving assignee of James Yard, dated July 15th 1833 and June 9th 1835. On the 19th of November 1836, Gillis contracted to sell one-fourth of…

1Opinion of the Court

The opinion of the court was delivered, January 4th 1864, by

Strong, J.

This ease was once before in this court, and it is reported in 2 Wright 49. On the first trial in the court below, the jury was instructed that the sheriff’s deed to William J. B. Andrews, under which the defendants below, now plaintiffs in error, claim, was inoperative and void as against Zebulon Warner and James L. Gillis. Taking the facts as they then appeared, we thought the instruction given was erroneous, and a new trial was ordered. The judgment under which the sheriff’s sale was made, had been recovered against…

2Cited by7 opinions

  1. Powell v. LantzySupreme Court of Pennsylvania · 1896
  2. Fidelity-Philadelphia Trust Co. v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1928
  3. Caldwell v. CaldwellSupreme Court of Alabama · 1911
  4. Jennings v. BloomfieldSupreme Court of Pennsylvania · 1901
  5. Richards v. RichardsSuperior Court of Pennsylvania · 1906

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