Lessee of Maclay v. Work
Supreme Court of Pennsylvania
IN ERROR. THIS was an ejectment in the Common Pleas of Mifflin County, for the moiety of a tract of 412 acres 158 perches of land in Union township, The plaintiff gave in evidence a warrant m the name ot Casper Weitzell, for 275 acres, dated the 24th of February 1773, and a survey of 412 acres 158 perches, made on the 12th of May 1773. Weitzell, on the 17th of March 1773, conveyed three warrants, of which the above was one, to John Whitmer and Christian Voght, who on the…
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IN ERROR. THIS was an ejectment in the Common Pleas of Mifflin County, for the moiety of a tract of 412 acres 158 perches of land in Union township, The plaintiff gave in evidence a warrant m the name ot Casper Weitzell, for 275 acres, dated the 24th of February 1773, and a survey of 412 acres 158 perches, made on the 12th of May 1773. Weitzell, on the 17th of March 1773, conveyed three warrants, of which the above was one, to John Whitmer and Christian Voght, who on the same day conveyed one moiety of the same warrant, to William Maclay, the lessor of the plaintiff. The defendants, whose…
1Opinion of the Court
Tilghman C. J.
The Court of Common Pleas delivered an opinion on three points, which are now the subject of consideration. I will first consider the second and third points, which are in some measure connected and run into each other. William Maclay furnished Casper Weitzell with a description of three tracts of land for which the warrants were to be taken out by Weitzell. It is not in proof what consideration passed between Maclay and Weitzell, but- it appears that Maclay was to have half of the lands. On the 24th February 1773, the warrants were taken out, and a survey of the tract in…
2Cited by5 opinions
- Crouse v. MurphySupreme Court of Pennsylvania · 1891
- Murphy v. PackerSupreme Court of the United States · 1894
- Oyster v. BellasSupreme Court of Pennsylvania · 1834
- Ross v. BarkerSupreme Court of Pennsylvania · 1836
- Gingrich v. FoltzSupreme Court of Pennsylvania · 1852