Northumberland Coal Co. v. Clement
Supreme Court of Pennsylvania
Error to the Court of. Common Pleas of Northumberland county: Of May Term 1879, No. 91. Ejectment, brought by Ira T. Clement against the Northumberland Coal Company, to recover a tract of land situate in Mount Carmel township, Northumberland county, containing about 96 acres.
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Error to the Court of. Common Pleas of Northumberland county: Of May Term 1879, No. 91. Ejectment, brought by Ira T. Clement against the Northumberland Coal Company, to recover a tract of land situate in Mount Carmel township, Northumberland county, containing about 96 acres. The trial was had 19th April 1878, before Rockefeller, P. J. It appeared in evidence that the plaintiff, Clement, is the owner of one undivided half part of a tract of land surveyed under a warrant dated June 11th 1793, granted by the Commonwealth in the name of Thomas Billington. Also that the Billington was one of…
1Opinion of the CourtJustice Mercur
When original surveys have been made and returned as a block into the land .office, the location of each tract therein may be proved by proving the location of the block. In ascertaining the location of a tract the inquiry is not where it should or might have been located, but where it actually was located. Every mark on the ground tending to show the location of any tract in the block is some evidence of the location of the whole block, and therefore of each tract therein: Hagerty v. Mathers et al., 7 Casey 348 ; Malone v. Sallada, 12 Wright 425 ; Darrah v. Bryant, 6 P. F. Smith 69 ; Fritz…
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