Jennings v. McDowell
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Venango county. This was an ejectment brought by McDowell against Jennings, to recover tract No. 1155, in District No. 6, of “ donation land.” This tract of land, on tbe 19th October, 1786, bad been allotted to David Jacobs, a private in tbe Pennsylvania line. In 1842 and 1843, it was assessed with taxes; and sold in 1844, by tbe treasurer of tbe county, to McDowell, tbe plaintiff.
Read the full summary
Error to tbe Common Pleas of Venango county. This was an ejectment brought by McDowell against Jennings, to recover tract No. 1155, in District No. 6, of “ donation land.” This tract of land, on tbe 19th October, 1786, bad been allotted to David Jacobs, a private in tbe Pennsylvania line. In 1842 and 1843, it was assessed with taxes; and sold in 1844, by tbe treasurer of tbe county, to McDowell, tbe plaintiff. The years for wbicb tbe taxes were assessed, tbe land was occupied temporarily in the spring, for tbe purpose of making sugar, and some of tbe parties who thus occupied' paid rent for…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
The extracts from the general draft of the donation' survey, and the copy of the entry from the donation land book, were properly received in evidence-to prove that the title to the land'in dispute was out of the Commonwealth: De France v. Stricker, 4 Watts 327; Farr v. Swan, 2 Barr 245; Oliphant v. Ferren, 1 Watts 57. This evidence, when received, clearly established that tract No. 1155, in District No. 6 of the donation lands, had been allotted to David Jacobs, a soldier of the revolutionary army, belonging to the Pennsylvania line.
There was…
2Cases cited2 opinions
- Oliphant v. FerrenSupreme Court of Pennsylvania · 1832
- De France v. StrickerSupreme Court of Pennsylvania · 1835