Royer v. Benlow
Supreme Court of Pennsylvania
Ejectment by Daniel Royer and John Royer against George Benlow, in the Court of Common Pleas of Huntingdon county. A verdict and judgment having been rendered in favour of the de~fendant, they were removed to this court by writ of error.
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Ejectment by Daniel Royer and John Royer against George Benlow, in the Court of Common Pleas of Huntingdon county. A verdict and judgment having been rendered in favour of the de~fendant, they were removed to this court by writ of error. The plaintiffs clainjpd under a warrant and survey in' the year* 1794 ; the defendant under an improvement, alleged by the plain-tiffs to have -been subsequent to the warrant and survey.- The de= fendant relied chiefly on the act of limitations, and gave' evidence of an improvement consisting of a dwelling house, and cultivated land enclosed by a fence. He…
1Opinion of the Court
*305The opinion of the court was delivered by
Tilghman, C. J.
(after stating the case.) The president of the Court of Common. Pleas instructed the jury, “ that if the defendant had marked and designated the bounds of his claim, 21 years before suit brought, had land cleared and cultivated, at two places* half a mile distant from each other, and occupied the woodland as others do, and must, that is by cutting when and where it suited his convenience; he is protected in every part of such tract so designated, as much as in the spot covered by hjs house.” When the learned judge delivered his charge,…
2Cited by18 opinions
- Whitehead v. FoleyTexas Supreme Court · 1858
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Law v. PattersonSupreme Court of Pennsylvania · 1841
- Criswell v. AltemusSupreme Court of Pennsylvania · 1838
- Sorber v. WillingSupreme Court of Pennsylvania · 1840
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