Legal Opinion

Lessee of Bonnet v. Devebaugh

Supreme Court of Pennsylvania

Decided October 6, 1810PublishedCited by 22 opinions

Thedeclarasurveyor, that he had made a certain survey proprietaries, are not evidence, although he was dead before the trial, and all his official papers had been accidentally burnt, and although in addition to these circumstances, the warrant of acceptance recited that the survey had been made under such an order.

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Thedeclarasurveyor, that he had made a certain survey proprietaries, are not evidence, although he was dead before the trial, and all his official papers had been accidentally burnt, and although in addition to these circumstances, the warrant of acceptance recited that the survey had been made under such an order. Though such a recital is good evidence against the proprietary, it is not evidence against third persons claiming adversely to the survey, by a title commenced before the return of purvey. Title by settlement and improvement, though at different times it has been in some measuie…

1Opinion of the Court

Yeates J.

The defendants have in this instance appealed from the decision of the Circuit Court of Bedford county.

It appears from the report of the case, that the plaintiff founded his pretensions to the lands in controversy, on a patent issued to George Croghan bearing date 30th May 1763, one moiety whereof became vested by divers mesne conveyances in Jacob Bonnet, and for which he obtained a verdict. The defendants claimed under an actual settlement and improvement, commenced (as it was said) by Thomas Croyle in 1753, and duly continued from time to time, unless when he was driven off by the…

2Cases cited1 opinion

  1. Morris's Lessee v. VanderenSupreme Court of the United States · 1782

3Cited by22 opinions

  1. Center v. P. & M. BankSupreme Court of Alabama · 1853
  2. Penrose v. GriffithSupreme Court of Pennsylvania · 1811
  3. Figh v. TaberSupreme Court of Alabama · 1919
  4. Garwood v. DennisSupreme Court of Pennsylvania · 1811
  5. Campbell v. GalbreathSupreme Court of Pennsylvania · 1832

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