Legal Opinion

Clarke v. Dougan

Supreme Court of Pennsylvania

Decided September 15, 1849PublishedCited by 1 opinion

Error to the Common Pleas of Butler. Oct. 2. This was an action of ejectment brought by Rosanna Dougan and others, heirs and legal representatives of Edward Kelly, deceased, against Mary Clarke and others. The plaintiffs’ case was this.

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Error to the Common Pleas of Butler. Oct. 2. This was an action of ejectment brought by Rosanna Dougan and others, heirs and legal representatives of Edward Kelly, deceased, against Mary Clarke and others. The plaintiffs’ case was this. Edward Kelly entered into the tract in controversy, in 1804, as an actual settler, and continued his settlement and improvement from his entry to his death, which occurred some time before 1837. At the time of his entry the tract was a warranted one of 300 acres. It was in evidence that he had at various times asserted to his neighbours that he intended to…

1Opinion of the Court

The opinion of this Court was delivered by

Gibson, C. J.

Kelly, under whom the plaintiffs claim, entered for himself, and, though as a settler, he was a disseisor; and the question has regard to the extent of his constructive possession. He procured no survey to be made by the deputy of the district, and he made no unofficial designation of his boundaries himself. The tract had been surveyed for a warrantee; and the doubt is whether he always evinced, by declarations and acts, an unintermitted purpose to hold by the lines on the ground. To the neighbours, he declared that he intended to hold…

2Cases cited1 opinion

  1. Lessee of Nicholls v. LaffertySupreme Court of Pennsylvania · 1801

3Cited by1 opinion

  1. Lessee of Merchant v. MillisonSupreme Court of Pennsylvania · 1800

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