Galbraith v. Elder
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an action of ejectment for twelve tracts of land, in which Thomas Elder, Esq., was plaintiff, and the heirs at law of Bartram Galbraith, deceased, were defendants.
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ERROR to the common pleas of Dauphin county. This was an action of ejectment for twelve tracts of land, in which Thomas Elder, Esq., was plaintiff, and the heirs at law of Bartram Galbraith, deceased, were defendants. The plaintiff, to maintain the issue, gave in evidence twelve warrants dated in 1827, 1828, 1S29 and 1830; surveys regularly made upon them and returned in the same years; receipts for the purchase-money, and a patent from the commonwealth for each tract, in the year 1830, to himself. • The defendants founded their title upon forty applications, descriptive, it was said, of the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Two questions of general concern have been raised in this case, which seem to claim more particular attention than most of the others involved in it. We shall consider and dispose of them first. The first is, does this ejectment come within the provisions of the 11th section of the act- of the 3d of April 1792; or can the provisions of that section be made in any way applicable to it ? It is clear that'the caveat spoken of, must be a caveat by one party claiming the land, against a patent for it to another, upon a right which he alleges he…
2Cases cited2 opinions
- Van Horne v. FondaNew York Court of Chancery · 1821
- Heister v. DavisSupreme Court of Pennsylvania · 1800
3Cited by24 opinions
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Jones v. CollinsWisconsin Supreme Court · 1863
- Guinan v. DonnellSupreme Court of Missouri · 1907
- Henry v. RaimanSupreme Court of Pennsylvania · 1855
- Chalupiak v. StahlmanSupreme Court of Pennsylvania · 1951
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