Lessee of Blaine v. Johnson
Supreme Court of Pennsylvania
a descriptive location, the survey on which. is unreasonably delayed, loses P1'efere’1<;e against a subsequent warrant Wltlx a prior survey, &emdash;against a set-ac«^h"Vl£fore the survey on °,ld- 1<)c.atl0n> &emdash;and against a notorious well estaf>1‘slie Whether s¡dfng°on(Hie tract; can make a le^a!settle' ment by a tenant on another tract, so as to acquire a legal settlement ri°-ht. ght.
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a descriptive location, the survey on which. is unreasonably delayed, loses P1'efere’1<;e against a subsequent warrant Wltlx a prior survey, &emdash;against a set-ac«^h"Vl£fore the survey on °,ld- 1<)c.atl0n> &emdash;and against a notorious well estaf>1‘slie Whether s¡dfng°on(Hie tract; can make a le^a!settle' ment by a tenant on another tract, so as to acquire a legal settlement ri°-ht. ght. Whether the Supreme Court can upon an appeal from the Circuit Court, hear°any evidence which was not before the Circuit Court, even though such evidence has been discovered since the trial in the Circuit…
1Opinion of the Court
Yeate's J.
I fully assent to the charge of the Chief Justice, and think the case went to the jury upon the true points of inquiry. The plaintiff’s application in the name of James Byers was dated on the 8th October 1766, but not being specially descriptive of the lands in question, no title became vested in him, until the same was surveyed. The warrant and application in the name of William Carothers junior, under which the defendant claims, are of later dates. It was fairly submitted to the jury to determine, whether the same were surveyed prior to the plaintiff’s, or whether a settlement…
2Cases cited1 opinion
- Kennedy v. LowrySupreme Court of Pennsylvania · 1808
3Cited by5 opinions
- Graham v. MooreSupreme Court of Pennsylvania · 1818
- Kendricks. v. DallumTennessee Supreme Court · 1812
- Norris v. MonenSupreme Court of Pennsylvania · 1835
- McBarron v. GilbertSupreme Court of Pennsylvania · 1862
- Perry v. MiddletonSupreme Court of South Carolina · 1805