Oyster v. Bellas
Supreme Court of Pennsylvania
APPEAL by defendants from the circuit court of Northumberland county. This was an action of ejectment by George Oyster and Sarah his wife against Hugh Bellas and Jacob Weiss.
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APPEAL by defendants from the circuit court of Northumberland county. This was an action of ejectment by George Oyster and Sarah his wife against Hugh Bellas and Jacob Weiss. The plaintiff claimed upon a warrant, dated the 18th of November 1793, on which there was a survey returned the 25th of October 1794, and a second survey, called a re-survey, the 25th of August 1814, and a patent upon the latter survey of the 26th of June 1829. The first survey under which the plaintiffs claimed was a chamber survey, and the second •was made without an order of re-survey, or any authority in addition to…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.—The
question to be decided is, whether the return and acceptance of a chamber survey is void and a nullity ; or whether, though voidable, it is not such an expenditure of the authority, under the warrant, as to preclude a further survey from being made on it without an order of re-survey. As the cause seems to have turned on this point at the trial, my remarks shall be restrained to an examination of it.
That a re-survey may not be made without an order for it, is a principle which meets the eye at every turn and corner of our decisions on…
2Cases cited3 opinions
- Duer v. BoydSupreme Court of Pennsylvania · 1814
- Lessee of Maclay v. WorkSupreme Court of Pennsylvania · 1812
- Light v. WoodsideSupreme Court of Pennsylvania · 1823
3Cited by5 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Smith v. VasbinderSupreme Court of Pennsylvania · 1875
- Fritz v. BrandonSupreme Court of Pennsylvania · 1875
- Smith v. HoutzU.S. Circuit Court for the District of Western Pennsylvania · 1868