Legal Opinion

Perkins v. Gay

Supreme Court of Pennsylvania

Decided June 17, 1817PublishedCited by 14 opinions

In Error. ERROR to the Common Pleas of Luzerne county, in an ejectment brought by Fisher Gay against David Perkins, for a part of a lot lying in the 2d division of Kingston township, Luzerne county. . t The plaintiff below claimed title to the premises in dis-' pute, under a certificate granted in pursuance of the act of 4th April, 1799, on the 16th January, 1804, to Philip Jackson and Elijah Shoemaker, for lot No. 3, in the 2d division of Kingston.township, containing 42…

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In Error. ERROR to the Common Pleas of Luzerne county, in an ejectment brought by Fisher Gay against David Perkins, for a part of a lot lying in the 2d division of Kingston township, Luzerne county. . t The plaintiff below claimed title to the premises in dis-' pute, under a certificate granted in pursuance of the act of 4th April, 1799, on the 16th January, 1804, to Philip Jackson and Elijah Shoemaker, for lot No. 3, in the 2d division of Kingston.township, containing 42 acres and 96 perches, and a draft of survey, dated 1 December, 1802 ; an assignment by Jackson and Shoemaker, to the…

1Opinion of the Court

*329The opinion of the Court was delivered by

Gibson J.

By the act of the 4th April, 1799, it is made the duty of the commissioners to ascertain all the rights or lots within the seventeen townships, that were occupied or acquired by Connecticut claimants, and to make out certificates therefor, “ with a draught of the survey thereto an- “ nexed.” It is then provided, that on application of the original settlers or their legal representatives, and security being given for the purchase money, patents “ for the lands “so certified,” shall issue from the proper office.' It is very clear, that the…

2Cases cited1 opinion

  1. Carkhuff v. AndersonSupreme Court of Pennsylvania · 1810

3Cited by14 opinions

  1. McKinley v. WatkinsIllinois Supreme Court · 1851
  2. Plauchak v. BolingSuperior Court of Pennsylvania · 1995
  3. Logan v. MathewsSupreme Court of Pennsylvania · 1847
  4. Zeglin v. GahagenSupreme Court of Pennsylvania · 2002
  5. Hays v. LuskSupreme Court of Pennsylvania · 1829

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