Public-domain · open source
OpenJurist

1 S.C.L. 252

Bowman v. Middleton

Pennsylvania Court of Common Pleas · decided 1792-07-01

THIS was an issue directed from the court of chancery, and tried by a special jury at Charleston, and was the second trial (that court having, on account of some alleged mistake, directed a new trial) in order to ascertain the location of a tract of land, situate on Ashley river, which the defendant had purchased at the sales by the master in chancery, of the estate of Cattel, and sold for 490 acres.

Decided 1792-07-01

The Court,(present, Grimke and Bay, Justices,)

¶1who, after a full consideration on the subject, were clearly of opinion, that the plaintiffs could claim no title under the act in question, as it was against common right, as well as against magna charta, to take away the freehold of one man and vest it in another, and that, too, to the prejudice of third persons, without any compensation, or even a trial by the jury of the country, to determine the right in question. That the act was, therefore, ipso facto, void. That no .length *255of time could give it validity, being originally founded on erroneous principles. That the parties, however, might, if they chose, rely upon a possessory right, if they could establish it.

Pringle, Moultrie and Harper, for plaintiffs.Pinckney, Parker and Ford, for defendant.

¶2Verdict for defendant.

/1/scl/252 · .json · Public domain