Chew v. Morton
Supreme Court of Pennsylvania
ERROR to the common pleas of Beaver county. This was an action of ejectment by Benjamin Chew against Mary Morton, to recover the possession of 25 acres of land, lying in Beaver county, north and west of the rivers Ohio and Allegheny and Conewango creek, which carne within the provisions of the act of the 3d of April 1792, and were to be sold and disposed of by the commonwealth upon the terms and conditions prescribed by that act.
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ERROR to the common pleas of Beaver county. This was an action of ejectment by Benjamin Chew against Mary Morton, to recover the possession of 25 acres of land, lying in Beaver county, north and west of the rivers Ohio and Allegheny and Conewango creek, which carne within the provisions of the act of the 3d of April 1792, and were to be sold and disposed of by the commonwealth upon the terms and conditions prescribed by that act. The plaintiff claimed under a warrant granted to John Nichols, dated the 4th of January 1794, for 400 acres, and a survey made, in pursuance thereof, on the 31st of…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
On the first point the court below were clearly right in. deciding that the board of property had no power or authority to revoke or vacate a patent after it had been executed and delivered to the patentees. Before a patent, which is demanded, has been granted, objections to its being issued may be entertained and decided on. by the board; and in doing so, they have the right undoubtedly, arid are bound, either to grant or withhold it as they, in their best judgment, shall think it expedient. Their decision, however, can scarcely be said to…
2Cases cited1 opinion
- Foster v. ShawSupreme Court of Pennsylvania · 1821
3Cited by4 opinions
- McArthur v. HenryTexas Supreme Court · 1869
- Allison Et Ux. v. Oligher Et Ux.Superior Court of Pennsylvania · 1940
- Fritz v. BrandonSupreme Court of Pennsylvania · 1875
- Kellogg v. SmithMassachusetts Supreme Judicial Court · 1851