ERROR to the district court of the United States, for the western district of Pennsylvania.
This case was submitted to the court upon printed arguments, by Mr. Watts for the plaintiff in error, and Mr. Fetterman for the defendants.
The case is fully stated in the opinion of the court. As the decision of the court was upon the application of the statute of limitations of Pennsylvania only; the arguments of the counsel, upon other points presented to the court, are omitted. Upon the effect of the statute of limitations on the case: the counsel for the plaintiffs in error contended, that the defendant having shown an actual, adverse, notorious and continuous possession of the land in controversy, from the year 1799, until after the institution of this ejectment; and having also exhibited deeds of conveyance for the same, dated the 24th of November 1804, and the 13th of April 1805, from John Ormsby to Isaac Gregg and Sidney his wife: the court erred in their charge to the jury, that the defendant was not protected by the statute of limitations.
Mr Justice M'LEAN delivered the opinion of the Court.
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