M'Cormick v. Harvey
Supreme Court of Pennsylvania
ERROR to the common pleas of Centre county. Samuel M’Cormick against Nathan Harvey. Ejectment by the plaintiff in error who was plaintiff below, to April term 1837, brought to recover from Nathan Harvey, the defendant, a lot of land described in the writ as situate in Mill Hall, Centre county, called the Mill Hall property, on the west side of the turnpike road, adjoining land of Samuel Harvey, on the north and south by said Samuel Harvey and M’Cormick, and west by Fishing…
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ERROR to the common pleas of Centre county. Samuel M’Cormick against Nathan Harvey. Ejectment by the plaintiff in error who was plaintiff below, to April term 1837, brought to recover from Nathan Harvey, the defendant, a lot of land described in the writ as situate in Mill Hall, Centre county, called the Mill Hall property, on the west side of the turnpike road, adjoining land of Samuel Harvey, on the north and south by said Samuel Harvey and M’Cormick, and west by Fishing creek, with a brick house and other buildings erected on the same, containing one acre of land; also a lot of land on the…
1Opinion of the Court
The opiniou of the court was delivered by
Sergeant, J.
As this writ of error is taken out by the plaintiff below, it is proper to confine our opinion to the objections taken by him to the judgment of the court. And this is, that the levy and deed embraced the whole of the defendant’s interest in the brick house and two acres, claimed in this suit, and that he ought to recover the whole, and not merely an undivided moiety. I think, however, that the description in the levy cannot, according to the fair and obvious interpretation of its words, be extended further than to comprehend a moiety.…
2Cases cited1 opinion
- Carpenter v. CameronSupreme Court of Pennsylvania · 1838
3Cited by5 opinions
- Hoffman v. DannerSupreme Court of Pennsylvania · 1850
- Inman v. KutzSupreme Court of Pennsylvania · 1840
- McLaughlin v. ShieldsSupreme Court of Pennsylvania · 1849
- Hall v. GildersleeveSupreme Court of New Jersey · 1873
- McClelland v. HerronSupreme Court of Pennsylvania · 1846