Lessee of Gray v. M'Creary
Supreme Court of Pennsylvania
Ejectment for lands, on the south side of Buffaloe creek. There were about 30 acres in dispute, the controversy being confined to the division line between the two farms. M'Creary was the tenant of Samuel Dale, whose death had been suggested.
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Ejectment for lands, on the south side of Buffaloe creek. There were about 30 acres in dispute, the controversy being confined to the division line between the two farms. M'Creary was the tenant of Samuel Dale, whose death had been suggested. Both parties claimed under descriptive applications, entered in the secretary’s office on 3d April 1769, the plaintiff under Thomas Foster, No. 675, the defendant under an earlier number, No. 206, in the name of James Fleming, each calling for 300 acres of land. Both applications were surveyed on the 12th August 1769, and it appeared from the field notes…
1Opinion of the Court
After the cause had been fully argued by Messrs. Duncan and D. Smith, for the plaintiff, and Messrs. C. Smith and Hall, for the defendant, Yeates, J. charged the jury in substance as follows :
To execute the equitable system of the lottery, on opening of the land office on the 3d April 1769, according to its true principles, it was indispensably necessary, that the duputy surveyors should exercise a reasonable discretion in making their different surveys; it is evident that otherwise many persons would lose the lands they had applied for. They were instructed accordingly, that they should…
2Cases cited5 opinions
- Wright v. GuierSupreme Court of Pennsylvania · 1840
- Comegys v. CarleySupreme Court of Pennsylvania · 1834
- Hughes v. StevensSupreme Court of Pennsylvania · 1862
- Calhoun v. CookSupreme Court of Pennsylvania · 1848
- Hoopes v. GarverSupreme Court of Pennsylvania · 1851
3Cited by2 opinions
- Comegys v. CarleySupreme Court of Pennsylvania · 1834
- Hoopes v. GarverSupreme Court of Pennsylvania · 1851