Bedford v. Shilling
Supreme Court of Pennsylvania
In Error. THIS was an action of ejectment for land lying west of the river Allegheny, in the county of Mercer. The plaintiff claimed under a-warrant and patent; and the title of the defendants was founded on actual settlement.
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In Error. THIS was an action of ejectment for land lying west of the river Allegheny, in the county of Mercer. The plaintiff claimed under a-warrant and patent; and the title of the defendants was founded on actual settlement. The plaintiff gave in evidence a warrant, survey and patent, including the land claimed-by him, and it was admitted, that the defend- , _ ants were in possession ; John Thompson, one or the defendants, under whom the others claimed, having taken possession and-commenced a settlement in the year 1796. No evidence was given by the plaintiff, of any particular acts done by…
1Opinion of the Court
Tilghman C. J.
The provisions of the act of 14th March, 1814, placed the plaintiff on very different ground from that ' on which he stood when-he commenced his action; because it had been decided, that under the act “for the sale of vacant lands within this Commonwealth,” passed the 3d April, •1792, it was not necessary to prove, that a warrantee was individually prevented from making a settlement; it was sufficient to prove, that the danger from the Indians at war with the United States, was such, as to deter any prudent man from attempting a settlement, prior to General Wayne’s treaty-made…
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