Hurst v. McNeil
U.S. Circuit Court for the District of Pennsylvania
Ejectment for one undivided fourth part of 5,000 acres of land in Chester county. [A similar suit was brought in Case No. 6,927, and a motion for attorneys’ fees was passed upon in Case No. 6,928.] The plaintiff’s title was as follows: — September 4th and 5th, 1682, William Penn, the first proprietor, by deeds of lease and release, conveyed to Sir John Fagg 50,000 acres of land, to be thereafter located in Pennsylvania, to him, his heirs and assigns; in trust, as to one-half…
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Ejectment for one undivided fourth part of 5,000 acres of land in Chester county. [A similar suit was brought in Case No. 6,927, and a motion for attorneys’ fees was passed upon in Case No. 6,928.] The plaintiff’s title was as follows: — September 4th and 5th, 1682, William Penn, the first proprietor, by deeds of lease and release, conveyed to Sir John Fagg 50,000 acres of land, to be thereafter located in Pennsylvania, to him, his heirs and assigns; in trust, as to one-half thereof, to the use of his son William Penn; and as to the other, to his daughter,. Laetitia Aubrey; both children of…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The distinction laid down by the defendant’s counsel, seems to be a rational and sound one. There is certainly a difference between a title derived originally under a warrant and survey, and one under a prior deed from the proprietor; in which case the warrant and survey seem rather intended to locate and ascertain the land granted, than to pass an estate. But upon this point, we give no positive opinion, as we are against the motion upon the other point. A lease at common law, required the actual entry of the lessee, to enable him to receive a release to enlarge…
2Cited by10 opinions
- Lehigh Mining & Manufacturing Co. v. KellySupreme Court of the United States · 1895
- Smith v. KernochenSupreme Court of the United States · 1849
- County of Wayne v. MillerMichigan Supreme Court · 1875
- Ramstad v. CarrNorth Dakota Supreme Court · 1915
- Alexander v. WalterCourt of Appeals of Maryland · 1849
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