Jacobs v. Figard
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. This was an ejectment for sixty acres of land. The facts appear to be as follows: — John Whitehead, in March, 1881, made an improvement on the land, and on the 26th November, 1834, had it surveyed, and the lines marked, embracing 60 acres and 148 perches. The improvement was made and the possession continued in strict accordance with the Act of Assembly, until between the 1st and 15th December, 1847. This is not disputed.
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Error to the Common Pleas of Bedford county. This was an ejectment for sixty acres of land. The facts appear to be as follows: — John Whitehead, in March, 1881, made an improvement on the land, and on the 26th November, 1834, had it surveyed, and the lines marked, embracing 60 acres and 148 perches. The improvement was made and the possession continued in strict accordance with the Act of Assembly, until between the 1st and 15th December, 1847. This is not disputed. By deeds duly executed, Whitehead’s title to the land became vested in the plaintiff, to whom a warrant was granted on the 2d…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
The Act of 30 th December, 1786, defines a “settlement,” under the pre-emption laws, to be “ an actual personal resident settlement, with a manifest intention of making it a place of abode, and the means of supporting a family, and continued from time to time, unless interrupted by the enemy, or by going into the military service of this country during the war.” Under this Act it has been held that continuity of actual residence and possession is the vital principle of a pre-emption right, and a part of its legal definition. Settlements…
2Cases cited3 opinions
- Brentlinger v. HutchinsonSupreme Court of Pennsylvania · 1832
- M'Donald v. MulhollanSupreme Court of Pennsylvania · 1836
- Pfoutz v. SteelSupreme Court of Pennsylvania · 1834