Lessee of Miles v. Potter
Supreme Court of Pennsylvania
a THIS was an appeal from the decision of Smith J. at Circuit Court for Centre county in May 1807. It was an ejectment for a tract of land, which the plaintiff claimed under the following title-: On the 26th October 1772, a warrant issued to Samuel Miles for 300 acres “ on the sinking branch of Penn’s creek “ adjoining Nesbit, and near lands surveyed for Reuben- “ Haines, iRc.”
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a THIS was an appeal from the decision of Smith J. at Circuit Court for Centre county in May 1807. It was an ejectment for a tract of land, which the plaintiff claimed under the following title-: On the 26th October 1772, a warrant issued to Samuel Miles for 300 acres “ on the sinking branch of Penn’s creek “ adjoining Nesbit, and near lands surveyed for Reuben- “ Haines, iRc.” On the 19th June 1785, a survey was made under this warrant for 308 acres, 16 perches, (the premises in the ejectment) but it was not the land called for by the warrant. This survey was marked on the books of the…
1Opinion of the Court
Tilghman C. J.
The warrant to general Potter calls “ 200 acres of land in the great plains, to include the forks “ of the road.” It may be applied not improperly to the lands in dispute, though in some respects it is loose; because not only the plains but a considerable quantity of wood land, and also Penn's creek are included in the present survey; whereas the “ great plains,” strictly speaking, take in neither woodland nor creek. At what time general Potter was informed of the survey made by William Maclay, does not appear. Perhaps he did not know of it immediately; and considering the…
2Cited by1 opinion
- Smith v. WalkerSupreme Court of Pennsylvania · 1881