Lessee of Hunter v. Meason
Supreme Court of Pennsylvania
Ejectment for 400 acres in Bull-Skin township. The plaintiff claimed under a warrant to Jacob Frelick, dated 30th July 1784, for 400 acres, lying on both sides of the Turkey Foot road, leading to Fort Pitt, about five miles from Hatfield’s mill, on the waters of the Yohiogeney, including both sides of Maple Run, and the place called the Mill Seat, and likewise a large spring, a cabin, and cleared land. Interest to commence from 1st March 1780. In consideration of 5s.
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Ejectment for 400 acres in Bull-Skin township. The plaintiff claimed under a warrant to Jacob Frelick, dated 30th July 1784, for 400 acres, lying on both sides of the Turkey Foot road, leading to Fort Pitt, about five miles from Hatfield’s mill, on the waters of the Yohiogeney, including both sides of Maple Run, and the place called the Mill Seat, and likewise a large spring, a cabin, and cleared land. Interest to commence from 1st March 1780. In consideration of 5s. Frelick conveyed to Hunter on the 18th May 1796. The description in the warrant did not correspond with the lands in…
1Opinion of the Court
By the Court.
The plaintiff is clearly barred from recovery by the express terms of the- limitation act of 26th March 1785, § 5. *2 St. Laws, 282. It must not however, be under- „ stood, that in every possible case, a survey must be pro- I0° duced by the plaintiff in ejectment. An island described with *108precision in a warrant, does not seem to be within the mischiefs intended to be prevented by the limitation act. So the adversary preventing a survey by force, may hinder in this instance the operation of the prohibitory words of the law. But it must appear in general, that the party has done all…
2Cases cited2 opinions
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Hughes v. StevensSupreme Court of Pennsylvania · 1862
3Cited by1 opinion
- Mineral Railroad & Mining Co. v. AutenSupreme Court of Pennsylvania · 1898