Lambourn v. Hartswick
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Centre county, in ejectment for four hundred and twenty-three acres and forty-nine perches of land in Patton township, Centre county, brought by John Lambourn and Ephraim Lambourn, executors of Josiah Lambourn, deceased, against Christian Hartswick, in which a verdict and judgment were returned in favour of the defendant.
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IN ERROR. Error to the Court of Common Pleas of Centre county, in ejectment for four hundred and twenty-three acres and forty-nine perches of land in Patton township, Centre county, brought by John Lambourn and Ephraim Lambourn, executors of Josiah Lambourn, deceased, against Christian Hartswick, in which a verdict and judgment were returned in favour of the defendant. The plaintiffs claimed under a warrant in favour of Josiah Lambourn, for four hundred acres, including his improvement, dated the 39th of December, 1801, with interest from the 1st of May, 1793: a survey of four hundred and…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The dispute in this case was, whether the survey of T. West, Jr., returned by the regular deputy, in 1786, was an actual survey, or a paper one. When a survey is returned, it is always prima facie evidence that it was duly made, and it lies on the adverse party to disprove it. But, when a time analogous to the statute of limitations has run round — where the owner has continued to pay the public taxes, where 'there has been no caveat, it would seem to me worthy of all consideration, whether it ought not to be a presumption of law, conclusive…
2Cases cited2 opinions
- Taylor & Quarles v. BrownSupreme Court of the United States · 1809
- Hartzell v. Brown's heirsSupreme Court of Pennsylvania · 1812
3Cited by4 opinions
- Norris v. HamiltonSupreme Court of Pennsylvania · 1838
- Quin v. BradySupreme Court of Pennsylvania · 1844
- Schall v. MillerSupreme Court of Pennsylvania · 1838
- Acre v. GilbertSupreme Court of Pennsylvania · 1832