Kelly v. Graham
Supreme Court of Pennsylvania
ERROR to the common pleas of Armstrong county. John Kelly against William Graham. This was an action of ejectment for 240 acres of land, in which the defendant took defence for 60 acres. The plaintiff gave in evidence a patent for the land, dated the 8th of September, 1789, and which called for the Allegheny River as a boundary.
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ERROR to the common pleas of Armstrong county. John Kelly against William Graham. This was an action of ejectment for 240 acres of land, in which the defendant took defence for 60 acres. The plaintiff gave in evidence a patent for the land, dated the 8th of September, 1789, and which called for the Allegheny River as a boundary. The defendant claimed by virtue of an actual settlement made upon the land in 1809, and in order to maintain his possession, gave in evidence the warrant and survey of the pláintiff, upon which his patent was founded, and gave evidence to the jury to establish the…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The first question which would seem to have claimed attention on the trial of the cause in the court below was one of fact, and therefore came within the province of the jury, to be decided by them under the advice of the court. Whether the Allegheny river was one of the boundaries of the survey under which the plaintiff claimed was the question. The whole cause may be said to have turned upon the division of it. Exception was taken by the plaintiff’s counsel to the instruction which the court gave the jury in relation to it. The counsel for…
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