Legal Opinion

Washabaugh v. Entriken

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 2 opinions

Error to the Common Pleas of Bedford county. This was an ejectment by James Entriken against Daniel Washabaugh and George W. Anderson, for a tract of 52 acres 13 perches of land, in Broad Top township, Bedford county.

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Error to the Common Pleas of Bedford county. This was an ejectment by James Entriken against Daniel Washabaugh and George W. Anderson, for a tract of 52 acres 13 perches of land, in Broad Top township, Bedford county. The plaintiff’s title commenced with a descriptive warrant to Mary Foster for 50 acres, dated the 2d October 1792; on which a survey was made of 95 acres 60 perches, and returned on the 2d April 1821. Mary Foster died in Ohio, and by her will, there proved on the 27th July 1829, devised all her land in Bedford county, to her son Thomas Foster. Thomas Foster died without issue,…

1Opinion of the Court

The opinion of the court was delivered by

Read, J.

The plaintiff below showed a clear paper title to one hundred and thirteen one hundred and twenty-sixth parts of the land in dispute, commencing with a warrant to Mary Foster dated 2d October 1792, for 52 acres, on which a survey was made for 95 acres and 60 perches, and accepted in the Land Office 2d April 1821. By will, dated 16th November 1828, and admitted to probate in Highland county, Ohio, on the 27th July 1829, she devised this land to her son Thomas Foster, who died some ten or twelve years ago, unmarried and intestate, leaving as his…

2Cases cited1 opinion

  1. Brown v. M'CormickSupreme Court of Pennsylvania · 1837

3Cited by2 opinions

  1. Owens v. PetersSuperior Court of Pennsylvania · 1937
  2. Keller v. Powell, Pennsylvania Court of Common Pleas, Luzerne County1891

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