Barclay v. Howell's Lessee
ERROR to the circuit court of the United States, for the eastern district of Pennsylvania.
This was an ejectment originally instituted in the district court for the western district of Pennsylvania, and removed to the circuit court for the eastern district, under the act of congress of March 3, 1821; the judge of the western district having been counsel in a former ejectment, involving the same matter in controversy.
The defendant in error, the plaintiff below, claimed in the declaration, 'one messuage, a lot, or piece or parcel of land, lying between Water street and the river Monongahela, with the appurtenances situate and being in the city of Pittsburgh.'
Mr Justice Baldwin did not sit in this case, he having been of counsel for the defendant in error, in the circuit court.
The cause came on for trial at the circuit court for the eastern district of Pennsylvania at the April term 1829, and the jury found a general verdict for the plaintiff in the ejectment. The defendants prosecuted this writ of error.
On the trial, a bill of exceptions was tendered by the defendants to the ruling of the circuit court, as to the introduction of certain evidence, and also to several of the matters contained in the charge of the court; all which are particularly stated in the opinion of this court.
The case was argued by Mr Wilkins, for the plaintiffs in error; and by Mr Sergeant for the defendant.
Mr Justice M'LEAN delivered the opinion of the Court.