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Lessee of Culbertson v. Martin

Lessee of John Culbertson against Robert Martin

Lessee of Culbertson v. Martin, 2 Yeates 443 (1799)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
May 15, 1799
Citations
2 Yeates 443
Summary
Ejectment for one messuage and 50 acres of land in Hopewell township. The plaintiff showed a regular judgment, fieri facias and venditioni exponas against A udrew Gibson, a deed from Thomas Hamilton esquire, sheriff to him dated 23d April 1798, duly acknowledged; and further proved, that both at the time of levy' and sale, Gibson was in peaceable possession of the premises.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

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The jus possessionis is in sheriff’s vendee, where the debtor was in possession of the lands, at the time of the levy and sale.

One bound over to answer, -who attempted to influence a sheriff to summon particular jurors for the trial of a cause.

The jury gave a verdict for the plaintiff mstanter.

And afterwards Mr. Pentecost for the plaintiff moved, that Nathaniel Jenkins, an agent for the defendant then present in court, should be called on to answer a charge, for having written a letter to the sheriff in the defendant’s name, requesting him to summon the said Jenkins, and two other jurors whom he named, for the trial of his cause. Tie was called on accordingly; and the facts being substantiated by proof, the court expressed great indignation at his conduct, for thus attempting to poison he fountains of justice, and ordered him to enter into recogniz *444 anee bimself in 400 dollars, and one good surety in 400 dollars, for his appearance at the next sessions to answer to the misdemeanor.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1822–1823: 11834–1835: 11878–1879: 118222026peak 1822 · 1

Relies on it most ⓘ

  1. Wynkoop v. Cooch89 Pa. 450 (1879)
  2. Young v. Algeo3 Watts 223 (1834)
  3. Stahle v. Spohn8 Serg. & Rawle 317 (1822)

Most recent

  1. Wynkoop v. Cooch89 Pa. 450 (1879)
  2. Young v. Algeo3 Watts 223 (1834)
  3. Stahle v. Spohn8 Serg. & Rawle 317 (1822)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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