Orr v. Cunningham
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Jefferson county. Robert Orr against Robert Cunningham and others. This was an action of ejectment for 1030 acres of land. The plaintiff gave in evidence a warrant for 1000 acres of land to John Nicholson, dated the 30th of August 1793, a survey made the 1st of September 1819, and returned 7th of December 1819; and deduced this title by a regular chain down to himself.
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ERROR to the Common Pleas of Jefferson county. Robert Orr against Robert Cunningham and others. This was an action of ejectment for 1030 acres of land. The plaintiff gave in evidence a warrant for 1000 acres of land to John Nicholson, dated the 30th of August 1793, a survey made the 1st of September 1819, and returned 7th of December 1819; and deduced this title by a regular chain down to himself. The defendants claimed under the same warrant and survey, which they showed was made by Alexander Taylor “for James E. Cooper, in right of John Nicholson,” and a patent from the Commonwealth for the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— It is not alleged that the defendants are entitled by the Statute of Limitations; but the court charged that the time which had run between the date of the warrant and the survey for Cooper, without an intervening act in prosecution of the title by the warrantee, raised a presumption that the warrant was Cooper’s property when the survey was made for him; and that this presumption was not rebutted by the facts sworn to by Brady, the deputy-surveyor.
To state those facts, is to decide the point. The warrant was issued to Nicholson, in…
2Cited by8 opinions
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- Hillside Coal & Iron Co. v. HeermansSupreme Court of Pennsylvania · 1899
- Hastings v. WagnerSupreme Court of Pennsylvania · 1844
- Sanner v. Unique Lodge No. 3, K. of P.Superior Court of Pennsylvania · 1943
- Hasson v. KleeSupreme Court of Pennsylvania · 1897
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