Cosby v. Lessee of Brown
Supreme Court of Pennsylvania
in ERROR. UPON error to the Common Pleas of Butler county, the case was thus: lessor of the plaintiff below, claimed the premises in the ej ectment as an actual settler.
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in ERROR. UPON error to the Common Pleas of Butler county, the case was thus: lessor of the plaintiff below, claimed the premises in the ej ectment as an actual settler. He commenced his settlement in the year 1797, erected a small house, cleared a piece of land, sowed an acre and a half of rye, fenced the grounch and went away in the autumn, with an intention to return in the ensuing spring and complete his settlement. sPrmg °f 1798 he did return; but one James Cosby, under whom the defendant entered, had in the mean time ta^en possession of the cabin, and by the menace of violence prevented…
1Opinion of the Court
Tilghman C. J.
after stating the case, delivered the opinion of the court.
*127There is no doubt but the plaintiff commenced a settlement in 1797, and returned to it in the spring of 1798 with' a view of completing it. His right was prior to the defendant’s; and if he had commenced an action soon after being prevented by the defendant, he must have recovered against him. But although he might have recovered if he had brought suit in a reasonable time, it does not follow that he may recover after a lapse of seven years. The law with respect to actual settlers was laid down by this court explicitly…
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