Legal Opinion

Gordon v. Lessee of Moore

Supreme Court of Pennsylvania

Decided June 9, 1812PublishedCited by 3 opinions

in ERROR. rr^jjig case came before the court upon a bill of exceptions to the Common Pleas of Centre county, who reiected evidence offered by the defendant below, under these J . circumstances: John Moore, the lessor of the plaintiff, and Gordon the , . defendant, had each commenced an improvement, and each ^ ta^*nS 300 ®cres, including his improvement, might em-brace the land in dispute.

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in ERROR. rr^jjig case came before the court upon a bill of exceptions to the Common Pleas of Centre county, who reiected evidence offered by the defendant below, under these J . circumstances: John Moore, the lessor of the plaintiff, and Gordon the , . defendant, had each commenced an improvement, and each ^ ta^*nS 300 ®cres, including his improvement, might em-brace the land in dispute. Moore, who was an unmarried man’ Luilt a small house in the autumn of 1803. In the spring of 1804 he brought his father and his family to the iancj • ancj built another house in which they resided. Moore ’ ,…

1Opinion of the Court

Tilghman C. J.

This case comes before us on a bill of' exceptions, and turns on the admissibility of the parol evidence of a division line niade between Gordon the defendant below and James Moore father of the plaintiff, which was offered on the part of the defendant and rejected by the court. In order to determine this, we must take a view of the preceding evidence, which was to the following effect. [The Chief Justice here stated the facts.}

*137We must take into consideration the peculiar nature o£ this title acquired by improvement and settlement. A settlement having been commenced, the settler…

2Cited by3 opinions

  1. M'Call v. NeelySupreme Court of Pennsylvania · 1834
  2. Zubler v. SchrackSupreme Court of Pennsylvania · 1863
  3. Alden v. GroveSupreme Court of Pennsylvania · 1852

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