Lessee of M'Laughlin v. Maybury
Supreme Court of Pennsylvania
Appeal from the decision of the Circuit Court of Mercer county. The plaintiff claimed as an actual settler, under the act of 3d April 1792, 400 acres west of the river Allegheny. The cause was first tried before Yeates, Justice, on the 2d October 1806, when a verdict having passed for the plaintiff, a new trial was awarded.
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Appeal from the decision of the Circuit Court of Mercer county. The plaintiff claimed as an actual settler, under the act of 3d April 1792, 400 acres west of the river Allegheny. The cause was first tried before Yeates, Justice, on the 2d October 1806, when a verdict having passed for the plaintiff, a new trial was awarded. A second trial was had before Tilghman, Chief Justice, on the 1st October 1807, when the jury found for the defendant, and a motion for a new trial was overruled; whereupon this appeal was brought. The chief justice reported the evidence produced on the trial to the…
1Opinion of the CourtYeates, J.
stated the case, and the general outlines of the evidence, as detailed by the chief justice. He then added :
I do not descend to a more minute detail of the evidence, as the title of the actual settler does not depend on the extent of his improvements, but on his improvement animo residendi, and continued from time to time under existing circumstances.
It has been pronounced from this bench during the present term, that this court on an appeal, are bound to do what the judge ought to have done in the Circuit Court. And if such a case has been made as requires the exercise of the controuling…
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