Luck v. Duff
Supreme Court of Pennsylvania
In Error. THE defendant in error, the plaintiff below, in order to support his action of ejectment in the Court of Common Pleas of- Westmoreland county, gave evidence of an ment and actual settlement.
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In Error. THE defendant in error, the plaintiff below, in order to support his action of ejectment in the Court of Common Pleas of- Westmoreland county, gave evidence of an ment and actual settlement. He also gave evidence of ancient lines of tracts of land held by other persons, adjoining and surrounding the land claimed under his settlement. - The President of the Court of Common Pleas, gave in charge to the jury, “ that where actual, personal, resident settlements, with a manifest intention of supporting a family, are made and continued, upon unappropriated land, especially where…
1Opinion of the Court
Tilghman C. J.
That a right to the pre-emption of land, may be acquired under such a settlement as is described in the President’s charge, is a principle not now to be disputed. It has been recognised in our acts of assembly, and repeated decisions of this Court. It is the foundation of numerous titles, and to call it in question would disturb the peace of the country. The counsel for the defendant, as I understand, do not call it in question. But they say, that in order to support an ejectment, it is necessary that a settler should obtain an official survey. Nothing but necessity should…
2Cases cited3 opinions
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1806
- Lessee of Bonnet v. DevebaughSupreme Court of Pennsylvania · 1810
- Lessee of Elliot v. BonnetSupreme Court of Pennsylvania · 1801
3Cited by2 opinions
- Mickle v. LucasSupreme Court of Pennsylvania · 1823
- McMutrie v. McCormickSupreme Court of Pennsylvania · 1832