Overton v. Gibson
Supreme Court of Pennsylvania
WRIT of error to Bradford county. Ejectment by Mary Overton and others against William Gibson for a tract of land. The plaintiff’s title was founded upon an actúa} settlement, and it appeared that the buildings of the settler made before he obtained his warrant, were not upon the tract in dispute, but on an adjoining tract, which had been previously appropriated.
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WRIT of error to Bradford county. Ejectment by Mary Overton and others against William Gibson for a tract of land. The plaintiff’s title was founded upon an actúa} settlement, and it appeared that the buildings of the settler made before he obtained his warrant, were not upon the tract in dispute, but on an adjoining tract, which had been previously appropriated. And the question which arose, and the only one determined by this, court was : whether an improvement made by mistake or otherwise on land previously appropriated, gives a title to land adjoining, over which the settler extends his…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The plaintiffs claim title, by virtue pf an application of Thomas Overton, who was an actual settler, and by sundry mesne conveyances to them. The defendant takes defence on two grounds. Firstly, that the house was not erected on the property in dispute, but upon an adjoining patented or warranted tract; and secondly, he says it is an island, and as such not the subject of settlement. The first is a question of law, and the second of fact. The court charged the jury in favour of the defendant on the first point; and this made the second…
2Cited by5 opinions
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Broad Top Coal & Iron Co. v. Riddlesburg Coal & Iron Co.Supreme Court of Pennsylvania · 1870
- Lineweaver v. CrawfordSupreme Court of Pennsylvania · 1856
- Raush v. MillerSupreme Court of Pennsylvania · 1855
- Roe v. WilburSupreme Court of Pennsylvania · 1868