Harper v. M'Keehan
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. John Harper against John M’Keehan. This was an ejectment for 380 acres in Carroll township, first brought in the name of John M. Woodburn, in whose place John Harper was afterwards substituted. The plea of not guilty was put in for Mathew Irvine’s heirs; and afterwards, on the second day of the trial, defence was taken “ for the land embraced in the blue lines, and the 49 acres 33 perches in the name of Wolff, in the diagram filed.”
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ERROR to the Common Pleas of Perry county. John Harper against John M’Keehan. This was an ejectment for 380 acres in Carroll township, first brought in the name of John M. Woodburn, in whose place John Harper was afterwards substituted. The plea of not guilty was put in for Mathew Irvine’s heirs; and afterwards, on the second day of the trial, defence was taken “ for the land embraced in the blue lines, and the 49 acres 33 perches in the name of Wolff, in the diagram filed.” The plaintiff produced a warrant to John Loque for 400 acres, dated 16th May 1794, adjoining Robert Sterrett, and a…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
Several points have occurred in this case which are new, and some not new. Since the trial of the cause, the counsel of plaintiff has discovered some facts relative to defendant’s title, not known or not made known to the court and jury at the trial; and a great part of his argument here was grounded on one of these facts—i. e., the right of G. Loque to part of the land claimed by defendant. We cannot take into consideration any facts not known and passed on at the trial.
Much testimony was given as to the residence of Hamaker, and argument as…
2Cases cited5 opinions
- Morton v. HarrisSupreme Court of Pennsylvania · 1840
- Campbell v. WilsonSupreme Court of Pennsylvania · 1833
- Luffborough v. ParkerSupreme Court of Pennsylvania · 1827
- Burns v. LyonSupreme Court of Pennsylvania · 1835
- M'Coy v. Trustees of Dickinson CollegeSupreme Court of Pennsylvania · 1818
3Cited by6 opinions
- City of Philadelphia v. MillerSupreme Court of Pennsylvania · 1865
- Heft v. GephartSupreme Court of Pennsylvania · 1870
- Fisk v. CoreySupreme Court of Pennsylvania · 1891
- Dietrick & Wilson v. MasonSupreme Court of Pennsylvania · 1868
- McClements v. DowneySuperior Court of Pennsylvania · 1896
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