Evans v. Commonwealth
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Luzerne county. William S. Evans brought this action against the Commonwealth under the act of 3d March, 1812, to recover compensation for a tract of land in one of the seventeen townships, Luzerne county, granted by patent to Edward Lynch, 23d March, 1786. In the declaration of the plaintiff it was stated, “that he had a right of action against the Common- “ wealth, on, and long before the 3d March, 1812, and still “ hath the same…
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In Error. ERROR to the Common Pleas of Luzerne county. William S. Evans brought this action against the Commonwealth under the act of 3d March, 1812, to recover compensation for a tract of land in one of the seventeen townships, Luzerne county, granted by patent to Edward Lynch, 23d March, 1786. In the declaration of the plaintiff it was stated, “that he had a right of action against the Common- “ wealth, on, and long before the 3d March, 1812, and still “ hath the same right of action under the act of assembly . “ aforesaid. That on the said 3d March, 18Í2,he was seised “ in fee under a…
1Opinion of the Court
Tilghman C. J.
(After stating the case.) In considering this case, it will be necessary to advert to several acts of assembly. By the decree of Tretiton, made by the commissioners appointed under the first'federal government, the dispute between Pennsylvania and Connecticut was decided in favour of Pennsylvania. The legislature of Pennsylvania, after this decree,.being desirous of confirming the estate of such Connecticut men as had actually settled and resided in the disputed territory before the controversy was decided, passed an act for that purpose, (known by th.e name of the confirming…
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