Hubley v. Vanhorne
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Columbia county. Ejectment to August Term, 1816, brought by Hubley, against James Vanhorne, Robert Montgomery, mas M-Henry, John M-Earran, and William Scott, „ „ , J ’ ot Vanhorns* The plaintiff claimed title by warrant of the 16th August, * • w 1773, to Randall Michael, for 300 acres adjoining John Koyle, and by warrant of the same date, to Joseph Hubley, for acres adjoining Thomas Polegreen ; and gave in evidence, receipts…
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In Error. ERROR to the Court of Common Pleas of Columbia county. Ejectment to August Term, 1816, brought by Hubley, against James Vanhorne, Robert Montgomery, mas M-Henry, John M-Earran, and William Scott, „ „ , J ’ ot Vanhorns* The plaintiff claimed title by warrant of the 16th August, * • w 1773, to Randall Michael, for 300 acres adjoining John Koyle, and by warrant of the same date, to Joseph Hubley, for acres adjoining Thomas Polegreen ; and gave in evidence, receipts for the purchase money of both tracts, dated the 16th of August, 1773. Joseph Hubley and Randall Michael by their deeds of…
1Opinion of the Court
Gibson J.
delivered the opinion of the Court.
The construction attempted to be given to the fifth section of the Act of 28th January, 1777, cannot be sustained. The proprietary estate, previous to the revolution, was undoubtedly their absolute property, and subject to their disposition without the control of the popular branch of the government; but the motive for the act lay. deeper than a mere changé of the form of government. To have suffered the Penn family to retain those rights which they held strictly in their proprietary character, would have been inconsistent with the complete…
2Cases cited1 opinion
- Lessee of Hubley v. WhiteSupreme Court of Pennsylvania · 1796
3Cited by2 opinions
- Allen v. RostainSupreme Court of Pennsylvania · 1824
- Brien v. Elliot'sSupreme Court of Pennsylvania · 1830