Legal Opinion

Ross v. M'Junkin

Supreme Court of Pennsylvania

Decided September 26, 1826PublishedCited by 1 opinion

IN ERROR. This was a writ of error to the Court of Common Pleas of Allegheny fin an ejectment brought by the defendants in error, William MJunkin and others, against the plaintiffs in error, Samuel Boss and others, for four hundred acres of land in Plumb township, bounded.by lands of John Brown on the south, the heirs of Hugh Davison on the east, Michael Coon and others on the north, and land in the possession of James O’Hara on the west.

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IN ERROR. This was a writ of error to the Court of Common Pleas of Allegheny fin an ejectment brought by the defendants in error, William MJunkin and others, against the plaintiffs in error, Samuel Boss and others, for four hundred acres of land in Plumb township, bounded.by lands of John Brown on the south, the heirs of Hugh Davison on the east, Michael Coon and others on the north, and land in the possession of James O’Hara on the west. The facts of the ease, so far as they could be collected from the record, were these:— On the second of December, 1772, a warrant issued to John Menough for…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, J.

Had the record of the recovery by Broiun been offered as evidence of his title, an objection to its competency would have raised a point of some difliculty. It, however, was admitted without objection, and, we must intend, in that view in which alone it would be clearly competent — to show the fact of a recovery by which Brown, claiming the title of John Menough, had elected to locate his warrant on the land recovered; of the value of which to the plaintiffs’ case, I shall have occasion to spealc again. In this view of the case, Brown’s right…

2Cited by1 opinion

  1. Stevens v. HughesSupreme Court of Pennsylvania · 1842

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