Taylor v. Dougherty
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Clearfield county. Robert Dougherty and Robert Mehaffy against Daniel Taylor. This was an action of ejectment, in which the plaintiffs gave in evidence a warrant to Henry Kepple dated 12th of May 1773, for 300 acres of land: a survey thereon of 117 acres, regularly returned, being the land in dispute: a patent to Robert M’Clay dated 2d of May 1833, and a regular chain of title from M’Clay to the plaintiffs.
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ERROR to the Common Pleas of Clearfield county. Robert Dougherty and Robert Mehaffy against Daniel Taylor. This was an action of ejectment, in which the plaintiffs gave in evidence a warrant to Henry Kepple dated 12th of May 1773, for 300 acres of land: a survey thereon of 117 acres, regularly returned, being the land in dispute: a patent to Robert M’Clay dated 2d of May 1833, and a regular chain of title from M’Clay to the plaintiffs. The defendant then proved that he had made an actual settlement on the land in 1830, prior to the date of the plaintiffs’ patent, and had been in possession…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The only question in the cause is, whether there is such evidence that the title under the warrant to Kepple' is vested in the plaintiffs as ought to have gone to the jury; all the others, except those relating to hand-writing, and they are well enough, are resolvable into that. The plaintiffs claim under a patent to one of their predecessors, and against whom ? A naked intruder, who entered, with full knowledge of the fact, in the guise of a settler on warranted land which was not open' to settlement, and who is consequently entitled to…
2Cases cited3 opinions
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- Lessee of Cox v. GrantSupreme Court of Pennsylvania · 1792
- Weidman v. KohrSupreme Court of Pennsylvania · 1825
3Cited by14 opinions
- Townsend v. BoydSupreme Court of Pennsylvania · 1907
- Gage v. EddyIllinois Supreme Court · 1899
- Hoffman v. BellSupreme Court of Pennsylvania · 1869
- Dougherty v. WelshansSupreme Court of Pennsylvania · 1911
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