Originally heard in the Court of Common Pleas of Clarion County.

The county of Clarion brought assumpsit for money had and received by Wilson and others.  The claim was for the difference between the actual cost of scrip purchased for the county, and the price charged.  But one point was made here, whether the commissioners were competent witnesses under the following circumstances.   They made the contract with the defendants.  The county auditors certified a statement of the accounts of the county treasurer, in which, in the list of outstanding debts due the county, was a charge against the commissioners individually for an over-payment to the defendant for procuring this scrip.  The defendants relied on this, there having been no appeal, and the time therefore having elapsed, to exclude the witnesses as incompetent, on the ground that this balance was a personal judgment under the act of Assembly, and that success in this action would discharge them.  The court admitted them, and this was the error assigned.  Judgment affirmed.

Originally heard in the Court of Common Pleas of Clarion County before P. J. McCalmont.

The plaintiff in this ejectment showed title in Mitlen, in 1835, a judgment against him entered on the 31st of July, 1838, in favour of the present plaintiff, and a sheriff's deed, dated February 23, 1841, acknowledged on the 26th.

All evidence was rejected by the court, who directed a verdict for the plaintiff, because there was no evidence that Mitlen himself had not paid the notes, they not having been produced, and consequently Henry had no right to sell the land.  Judgment affirmed.

Appeal from the Common Pleas of Clarion County.

Case stated on the distribution of the proceeds of a sheriff's sale.  A mechanics' lien was filed by the plaintiffs against Thomas F. Newell, the defendant in this execution, within six months after the work done, and materials furnished between March 1st and July 1st, 1842.  Under this, the sheriff's sale was made.  At the time the work was done (the particular date is not mentioned,) Newell had purchased the land by articles of agreement with Morrell, to whom, on the 1st of April, he had given judgment notes for the purchase money.  On the 29th of June, Morrell procured a deed from the holder of the legal title, to Newell.  On the 16th of July, judgment was entered on these notes, which judgment was assigned to the defendant below.  The court below gave judgment for the plaintiffs.  Judgment affirmed.

Originally heard in the Court of Common Pleas of Clarion County.

This was an action of assumpsit on book account, brought by John Lyon vs. Daniels & Williams, partners.  The narr. contained the common counts, and defendants plead the general issue, and payment, &c.

There being no evidence, the court ordered a non-suit to be entered, and discharged the jury.  After the jury had left the box, the plaintiff's counsel objected to the order of the court, directing a non-suit, and requested that the verdict of the jury be taken.  The court refused to recall the jury -- and the plaintiff's counsel again except to the opinion of the court.  Judgment reversed and venire de novo awarded.

Plaintiff called Jacob B. Lyon.  He was objected to by defendants' counsel, who proposed to prove that he was a partner with John Lyon, in the contract in question -- and that he ought to be joined as a plaintiff, &c.

To this offer of evidence, plaintiff's counsel objected, and the court overruled the objection.

Evidence was accordingly given as to Jacob B. Lyon being a partner; and the court, being of opinion that the evidence proved to the court that Jacob B. Lyon was a partner with John Lyon in the contracts in question, rejected the evidence of Jacob B. Lyon.

To this opinion, plaintiff's counsel excepted.

Originally heard in the Court of Common Pleas of Clarion County.

This case was an issue directed by the court, on appeal from the report of auditors of Clarion county. The matter to be tried was the legality of an order,
drawn by the late commissioners of Clarion county, on the treasurer, in favor of James Hasson, late sheriff of that county, for $200; and the questions tried were, whether Hasson was entitled to be paid for office-rent, and for fuel for the jail.

In the issue, Clarion county was plaintiff, and Richardson, executor of Richardson, and others, late commissioners, were defendants.

J. Buffington charged that the item of office-rent ought not to be allowed.

As to the claim for fuel, he charged, as stated in the opinion of J. Coulter, concluding, "We, therefore, think that this item ought to be rejected, and a verdict rendered against the defendants."  Verdict was rendered for plaintiff.  Judgment reversed and venire de novo awarded.

Originally heard in the Court of Common Pleas of Clarion County.

This was an action by Alexander Reynolds, for use, (without stating the person) against Abraham Richards, to recover the amount of a note, as follows:

Twelve months after date, I promise to pay to the order of Alexander Reynolds, fifty dollars, with interest from the date hereof, and without stay of execution, after due, for consideration of the carpenter work in our article of agreement, for in-lot, No. 126, Nov. 3d, 1841.
Signed, Abraham Richards.
Test: A. Jamison.

 The court erred in its instructions to the jury.  Judgment reversed and venire de novo awarded.

The narr. contained a special count on a promissory note, and common counts.  Plea, payment, &c. Reynolds had an article of agreement with the commissioners of Clarion county, for two inlots.  He agreed to sell to Richards one of the lots, and Richards agreed to pay him $100, viz., $50 in hand, and $50 in carpenter work, at cash prices, to be paid when said Reynolds demands it.  Said Reynolds is to make the title as soon as the work is done.

Reynolds, on the 1st day of June, 1842, transferred the said note, by endorsement on it, without recourse, to Alexander Jamison; and it also appeared that Alexander Jamison endorsed the note in blank.

Originally heard in the Court of Common Pleas of Clarion County.

This was an ejectment to May Term, 1851, by Robinson, McConnell, and Buffington, v. Robert Elder and others, for 331 acres, more or less, of land in Perry Township, Clarion County.

On part of plaintiffs was given in evidence a warrant in 1785, and a patent in 1795, and various deeds.

The plaintiffs also gave in evidence articles of agreement, or lease under seal, dated June 3, 1830, between Joseph B. Lapsley, holding in trust for Thomas Cobb and Timothy Cobb, of England, and James Elder and others.

On part of the plaintiff a notice to defendants to quit was proved, served on or about 12th March, 1850.

No evidence was given on the part of the defendants, but they relied on the clause before cited from the agreement or lease.  Judgment affirmed.

One of the deeds was from Thomas McConnell to Joseph B. Lapsley, trustee for Thomas Cobb and Timothy Cobb, dated 19th October, 1820.  Also, deed from Lapsley, as trustee, to William D. Robinson (who was one of the plaintiffs), dated 20th January, 1851.

It was admitted that the defendants were in possession of the land in dispute under this agreement or lease.  By the agreement, several tracts of land were leased to James Elder and to William Hager, George Hager, and Joseph Troutman, three of the defendants, and others, who resided on the land, who were to hold according to their respective possessions as they then were, until the first day of April, 1832; the lessor to give them one full year's notice before first April to quit.  The parties of the second part covenanted to pay taxes, not to commit waste, &c., and to surrender the possession; and it further provided that "the party of the first part further agrees, that when said tracts of land are or shall be offered for sale, that the first offer shall be given to the parties of the second part upon terms as favorable to them as they will be offered to any other person or persons."

Originally heard in the Court of Common Pleas of Clarion County.

This was an action of assumpsit by Joseph R. Ingersoll and others, trustees of the estate of William Bingham, deceased, v. James W. Guthrie.  It was brought on 20th February, 1850.  March 14, 1850, a narr. was filed containing the common counts; and on the same day, on the part of the plaintiffs, a rule was entered for the choosing of arbitrators.

At the time appointed three arbitrators were chosen, who were to meet on 25th April, 1850.  The arbitrators met and adjourned to meet again on the 26th April; and then being qualified, adjourned to meet on 6th June, 1850.  During the period of adjournment the agreement recited in the opinion of Woodward, J., was entered into.

The award was as follows:  "June 25, 1850.  Arbitrators met at the Court House in Clarion, and continued from day to day, and after hearing the parties, their proofs and allegations, do find for defendant eighteen thousand dollars, with costs."  Signed by the arbitrators.

The award was filed July 5, 1850.  On 18th July, 1850, eighteen exceptions to the award were filed, and an appeal was entered.

The exceptions were dismissed by the Court below, and the appeal was quashed.  Judgment affirmed.

Originally heard in the Court of Common Pleas of Clarion County.

This was an ejectment to May Term, 1849, by A. W. Johnston v. McCanna, Love, & Guthrie, for 1100 acres of land in Clarion township, the warrant for it being No. 5094.  The plaintiff exhibited a title from the Commonwealth.  Also a lease of the land, dated 5th December, 1838, by the plaintiff, by Brown, his agent, to Martin McCanna, one of the defendants.  The lease was for the term of one year from the 1st April, 1839, the rent to be $1 and payment of taxes; and it was provided, that at the end of the period, or at any time thereafter, or in case of default in payment of the rent, it should be lawful for the lessor, his heirs and assigns, to re-enter upon and repossess the premises.  The lessee covenanted to deliver up the possession at the expiration of the term.

The lease was subsequently approved of by Johnston.  His ratification in writing was dated 27th November, 1850; he stated that he was informed of it soon after its execution, and then and since approved of it.

The plea was, Not guilty. No disclaimer was filed.

Judgment, as against Martin McCanna, affirmed, and judgment against Henry Manson reversed, and a venire de novo awarded.

In the present case, the plaintiff's agent knew the lines of his tract, which were not marked on the ground, 5094 being an interior tract of a block of surveys, the outer lines of which only were marked.  It was testified that Manson did not live on the tract in suit. McCanna occupied the tract.  The lease to McCanna for tract 5094 was made 5th December, 1838, and ratified formally after this suit was brought.  It was a lease for a year, but after the year expired McCanna was permitted to hold over and make improvements until this suit was brought.

Testimony was given that Henry Manson, one of the defendants, did not live on the tract in dispute -- his improvement was on a different tract.  Nothing was shown as to the extent of his claim.

Originally heard in the Court of Common Pleas of Clarion County.

This was a feigned issue directed by the Court between James E. Breading and George E. Arnold, as surviving partners, and various other creditors of Alexander & McIlroy, as plaintiffs, and John H. Boggs, as trustee of William Elliott, and others, defendant.

The issue was directed in the Court below to try whether the judgment to December term, 1850, in favor of John H. Boggs, trustee, v. Alexander & McIlroy, was fraudulent and void as to plaintiffs, or in violation of the provisions of the Act of 17th April, 1843, and the proviso of the 4th section of the Act of 16th April, 1849, in reference to assignments.

The judgment in favor of John H. Boggs was entered on the first day of January, 1851.  The judgment in favor of Logan, Wilson & Co., who were some of the plaintiffs in the issue, was entered on the 4th January, 1851; that of Breading & Arnold, and others of the plaintiffs, were entered on 17th January, and others on the 24th January, on awards of arbitrators.

May 3, 1852, verdict was rendered for defendant, and on May 8, judgment entered and distribution decreed, the same to be delayed for three weeks.  Judgment and decree affirmed.

Henry Alexander and James G. McIlroy, partners, iron masters in Clarion county, confessed a judgment to Jacob Painter & Co., for the sum of $7934.90, which was entered on the 6th December, a. d. 1850, in the Common Pleas of Clarion county. Upon this judgment a writ of fieri facias was issued on the sixth December, 1850, and all the personal property of the defendants was levied upon and sold by the sheriff, on the 8th of January, 1850, for the sum of $2179.  Under the same writ of fi. fa., the defendants, Alexander & McIlroy, having waived inquisition, the sheriff levied upon and sold, on the 4th day of February, 1851, the real estate of the said partners for the sum of $11,300.

These sums, amounting to $13,479, were brought into Court for distribution, and so much of the fund as was applicable to the judgments prior to that of the plaintiffs in the issue, was distributed by order of the Court.  The balance remained in Court to await the decision of the feigned issue.

Originally heard in the Court of Common Pleas of Clarion County.

This was a feigned issue directed by the Court, in which George A. Lyon and David K. Turney were plaintiffs, and Hampton, Smith & Co. were defendants.  George A. Lyon had a judgment against John Lyon entered on 31st August, 1849; Turney had a judgment against John and Jacob B. Lyon entered on 24th July, 1849; and Hampton, Smith & Co. had a judgment entered previously, viz., on 15th June, 1849, against John and Jacob B. Lyon.  Certain real estate of John Lyon was sold by the sheriff, and previous to the distribution of the proceeds, an issue was directed to try, 1st, whether or not the judgment of Hampton, Smith & Co. v. J. & Jacob B. Lyon was fraudulent and void as to the plaintiffs; 2d, whether said judgment was entitled to preference, in the distribution of the proceeds of the sale; and, if so, to what extent, as against the judgments of the plaintiffs. The real estate was sold on 7th May, 1851.

On the judgment of Hampton, Smith & Co., against John & Jacob B. Lyon, which was an amicable one, for $4786, an execution was issued on 16th June, 1849, and a levy was made on personal property to the amount of $6731.50. The execution was returned, "stayed by order of Judge Myers, Aug. 28, 1849."  Judge Myers was one of the associate judges of the county.  Sept. 3d, 1849, a rule was granted to show cause why a writ of vend. exp., to sell the personal property, should not issue; and on 6th May, 1850, this rule was made absolute.  No vend. exp. ever issued in the case.  The personal property levied on, or a part of it, was sold on an execution on another judgment.  Hampton, Smith & Co. claimed the money arising out of the partnership and individual real estate of the partners, as their judgment was first in order of time. Judgment reversed and venire de novo awarded.

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Category: Court Records

Published: 21 March 2006

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