Galbreath v. Galbreath
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. This was an action of partition by Samuel Galbreath against Joseph Galbreath, for a tract of land in Dickinson township, containing one hundred and fifty acres. The plaintiff gave in evidence a deed, dated the 4th of April 1797, from Abraham Greer and wife to Joseph Galbreath and Samuel Galbreath, the parties to the suit, and rested.
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ERROR to the common pleas of Cumberland county. This was an action of partition by Samuel Galbreath against Joseph Galbreath, for a tract of land in Dickinson township, containing one hundred and fifty acres. The plaintiff gave in evidence a deed, dated the 4th of April 1797, from Abraham Greer and wife to Joseph Galbreath and Samuel Galbreath, the parties to the suit, and rested. The defendant then gave in evidence that about one half of the hand money of the purchase of the land, was paid by each party, and some evidence that the bonds, nine in number, had been paid by Joseph; that neither…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
We are of opinion that the errors assigned have not been sustained.
The answers of the court to the points submitted by the counsel of the defendant below, which are assigned as the first error, if erro*149neous at all, would rather seem to be so because more favourable to him than he had any right to ask; but of this, supposing it to be so, he certainly cannot complain, nor take advantage. It is argued, however, that the favourable effect of the court’s answers was done away by the court in the subsequent parts of their charge to the jury, by…
2Cited by12 opinions
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