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.

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

This was an action of trespass quare clausum fregit, by Alexander S. Porter v. James McGinnis, Robert McGinnis, and Robert McGinnis, Jr.

Alexander S. Porter brought this action of trespass quare clausum fregit, &c., in the Court of Common Pleas of Clarion County to May Term, 1849, against James J. McGinnis et al., for breaking and entering the enclosure of said Porter, "that is to say, a certain enclosure situate in the township and county aforesaid, and bounded on the north by lands of McGinnis, on the east by lands of John Foster McGinnis, on the west by Benjamin Junkin, and on the south by lands of William McMichael, containing 20 acres more or less."

On the trial of the cause in the Court below, the defendants plead liberum tenementum.  To sustain the plea, they showed that James McGinnis, the father of James J. McGinnis, settled on this land in 1812, believing it to be vacant, and intending to hold it by actual settlement.  He commenced an improvement, raised a barn, built a house, cleared the land, cultivated it, and resided thereon until his death in 1836, after which his son John and daughters resided on the same tract up to the time of the trial.

There was no proof that James McGinnis had told Joseph Junkin that he intended to claim the land by actual settlement, and no other proof of notice than the presumption arising from the facts and circumstances of James McGinnis's claim, and the notoriety thereof as given in evidence.  Judgment affirmed.

On the 24th of May, 1815, a warrant, No. 6072, was granted to James McGinnis, the father, "for 300 acres of land, including an improvement adjoining lands of John Junkin, Franklin College," &c.  The survey thereon was made on the 21st May, 1819, and duly returned and accepted the 27th February, 1821.

At the time James McGinnis first commenced the settlement on this tract, he was, according to the evidence of the plaintiff, holding the adjoining tract, No. 231, under a lease from Joseph Junkin, the executor of John Junkin. The lease was for nine or ten years, said to be in writing, but could not be found. It expired in 1815, but afterwards, James McGinnis, who lived on his own claim, returned the John Junkin tract, No. 231, to the assessor, and paid taxes for it as the agent of Junkin until 1826, when Agnew leased the tract No. 231 from Junkin, the then owner. There was no proof that James McGinnis had told Joseph Junkin that he intended to claim the land by actual settlement, and no other proof of notice than the presumption arising from the facts and circumstances of James McGinnis's claim, and the notoriety thereof as given in evidence. There was no entry on the part in controversy by the plaintiff until 1843.

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

This was an ejectment by Reed McClune v. Solomon Cyphert, Benjamin F. Harley, James Harley, and Jacob Peas, for a tract of land in Clarion county, containing about 156 acres.

The land had been the property of G. W. Corbett, George Rynard, and Solomon Cyphert.  It had been sold twice at sheriff's sale; at the first sale it was purchased by McClune, the plaintiff, and at the second by B. F. and James Harley, two of the defendants.  The sale to the plaintiff was made upon a judgment to December Term, 1849, in favor of John McCoy v. Corbett, Rynard, and Cyphert.

On the trial it was offered to be proved, on the part of the defendants, that the judgment of McCoy, under which the plaintiff claimed, was confessed after a dissolution of the partnership of Cyphert, Rynard & Corbett, and that by the terms of the dissolution, Cyphert was made the settling and receiving partner -- that Corbett, without any authority from Rynard or Cyphert, employed counsel and procured the confession of judgment; and further, that at the time of and before the sale, McClune, the purchaser, was duly notified of the defective character of the judgment.  This was objected to and was overruled -- and the rejection of it was assigned for error.

December 6, 1852, verdict for plaintiff.  Judgment affirmed.

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

The great obstacle in the plaintiff's way, was that the deed under which the defendant claimed was made seven years before the debt, which was the foundation of the sheriff's sale, was contracted.

To render a voluntary conveyance void as to subsequent creditors, it must appear that it was made in contemplation of future indebtedness, and until this was shown the plaintiff could not call upon the defendant to prove the consideration for the conveyance.

There was no evidence in the case tending to establish the allegation that the deed to Wilson was intended as a mortgage, and hence the answer of the court to the effect of the deed, if it was so intended, was a mere abstraction, and cannot be assigned for error.  Judgment affirmed.

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

This was an action of ejectment, brought by the defendant in error, against Samuel Wilson and Samuel Beighley, for 230 acres of land.  

The defendants claimed under the trustees of William Bingham, under articles of agreement between them and Samuel Beighley, dated December 14, 1849.  Samuel Beighley sold to Samuel Wilson, by agreement, part of the land in dispute.  The date of the execution of the agreement, under which Guthrie claimed, was contended by the defendants to be altered, from 1839 to 1836. In 1839, J. W. Guthrie, the plaintiff, was agent for the estate.  Judgment affirmed.

Originally heard in the District Court of Allegheny County.

Winslow, Lanier & Co. brought replevin against Samuel Leonard for 82 tons of pig metal, and on the trial the following case was presented.

On the 22d May, 1851, D. B. Long & Co. made an agreement in writing, in which they say, "we have this day sold to Winslow, Lanier & Co. 400 tons of pig metal, now at our landing at Washington Furnace (Clarion county, Pa.), or that will soon be delivered there, and we hereby direct Mr. McClure (clerk at the furnace) to give them possession thereof, or such agent as they may send therefor.  And we also wish Mr. McClure to render all the aid he can towards the shipping thereof."

The oral testimony showed that this was in payment of a debt due by Jesse Carothers, one of the firm of D. B. Long & Co., to the plaintiffs, the other partners consenting thereto.  Under this contract the plaintiffs claimed 82 tons of pig metal, which came from the Washington Furnace into the possession of the defendant, who claimed to hold it as bailee of John Brenneman.

 Judgment reversed and a new trial awarded.

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

This was an alias scire facias on a judgment obtained by the plaintiff's intestate, in his lifetime, against defendant, for $1088.33.

The intestate, Charles Evans, and defendant, Levi G. Clover, were at one time partners in the mercantile business, in the borough of Brookville, Jefferson county, Pennsylvania, and the partnership was carried on under the name and firm of Evans & Clover.  This partnership was dissolved by the defendant buying out the intestate, Charles Evans, and undertaking to pay the partnership debts.

The defendant agreed to pay Evans for his interest, $3264.99, for which said sum, Clover gave three judgment notes, each for the sum of $1088.33; two of which notes were entered in the Common Pleas of Clarion county, and one in the Common Pleas of Jefferson county.  These three several judgment notes were executed and delivered on the 29th day of August, 1843; and on the same day an agreement in writing was entered into between Charles Evans and Levi G. Clover, in which it is recited that the three bonds above mentioned, of $1088.33 each, have been given, and it is agreed that they shall be entered, two in the Common Pleas of Clarion county, and one in the Common Pleas of Jefferson county.

Judgment is reversed and a venire de novo awarded.

The plaintiff then gave in evidence the payments made by Evans, on the judgments and claims mentioned in the bond, and then offered in evidence the record of a judgment.  William Barber & Co. v. Evans & Clover, No. 104, September term, 1843, and others of same character, to show that Evans paid debts belonging to the firm, which Clover was bound to pay.

[1843 agreement continued] ...and that if at any time Clover may have an opportunity so sell any of his real estate in Clarion or Jefferson counties ... Clover, bound and obligated himself to pay and discharge all debts and demands that may be owing and due by the firm of Evans & Clover ... Clover may be entitled, or may be found due him on a settlement with the commissioners of Clarion county, for his (Clover's) share of moneys arising from the sale of the town lots in the town of Clarion, and all moneys that may be due to said Clover, agreeably to the terms of a contract between Clover and Edward Derby, of the one part, and the commissioners of Clarion county aforesaid, of the other part, for the erection of the court house in said county of Clarion; ... in payments of certain judgments or claims due Simon Mudge and others, named in said bond, creditors of the firm of Evans & Clover, doing business as co-partners in Brookville, Jefferson county.

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

Ejectment to enforce the payment of purchase-money.

John G. Beaver, the plaintiff, sold to James Fox, one of the defendants, the tract of land for which this ejectment was brought, by an article of agreement dated the 23d day of February, A. D. 1850, for the price of seven dollars per acre, four hundred dollars to be paid in hand, and the balance in four equal annual instalments.  On the 9th day of January, 1856, this action of ejectment was commenced for the purpose of compelling the payment of the last instalment of purchase-money, which the plaintiff alleged remained due and unpaid.  The plaintiff gave in evidence certain conveyances, showing the legal title to have been vested in him at the date of the contract between him and Fox, and also the writ in this action, and rested.

The defendants, to maintain the issue on their part, gave in evidence the agreement between John G. Beaver and James Fox, before referred to, and also the record of an action of ejectment, John G. Beaver v. James Fox, No. 21, of September Term, 1853, for the same tract of land, in which there was a rule of reference entered under the Compulsory Arbitration Act on the 28th day of January, 1854, and an award on the 9th day of March, 1854, in favor of the plaintiff for the land, to be released on the payment of $1089.65, on, or before the 9th day of September, 1854.  The defendant further gave in evidence an assignment of the above judgment by James Campbell, attorney for Beaver, the plaintiff, and called testimony to prove the reception of the money by Beaver.

At the time of the meeting of the arbitrators in the ejectment, No 21, September Term, 1853, the whole of the purchase-money was due, except the last instalment, which was not included in the said award.  Judgment affirmed.

Originally heard in the District Court of Allegheny County.

Replevin for 400 tons tons pig metal, which plaintiffs allege that they purchased from D. B. Long & Co. (Long, Church & Carothers,) in payment of a debt of Jesse Carothers, and that they are entitled to the iron now in dispute, under and by virtue of that contract. The following is a copy of the agreement under which plaintiffs claim, viz.:

"Pittsburgh, May 22, 1851.
"We have this day sold to Winslow, Lanier & Co., 400 tons pig metal, now at our landing at Washington Furnace, or that will soon be delivered there, (Clarion County).  And we do hereby direct Mr. McClure to give them possession thereof, or such agent as they may send therefor.  And we also wish Mr. McClure to render all the aid he can towards the shipping thereof.
"D. B. LONG & CO.
"The above pig metal will be delivered to Adam Holliday, our agent.
"WINSLOW, LANIER & CO.
"May 24, 1851."

"This is an action of replevin for 82 tons of pig metal.  The plaintiffs claim title under a sale to them on the 22d day of May, 1851, by D. B. Long & Co., of 400 tons of pig metal, (of which the iron in dispute is alleged to be part) at $25 per ton."  Judgment affirmed.

The defendants do not claim that their testator, Samuel Leonard, was the owner of the metal in dispute, but they allege that it is the property of John Brenneman and others, creditors of D. B. Long & Co. Brenneman claims the metal under a sale or transfer made, (pursuant to instructions from D. B. Long), by William McClure, the manager of the firm of D. B. Long & Co., on the 26th of May, 1851, at $25 per ton, to pay a debt due by D. B. Long & Co. to himself, (Brenneman), of $1000; also, to pay a debt due by D. B. Long & Co. to Long & Miller, of $1400; also, to pay a debt due by D. B. Long & Co. to Thomas Bolton, of $600.

Brenneman claims to hold a part of the metal, to wit, 40 tons in his own right, and the residue, 42 tons, in trust for Long & Miller, (D. B. Long and Alexander Miller, owners of Beaver Furnace), and Thomas Bolton, creditors of D. B. Long & Co.

The firm of D. B. Long & Co., was composed of D. B. Long, Samuel Church, and Jesse Carothers.