Lessee of Porter v. Ferguson
Supreme Court of Pennsylvania
Ejectment for 139 acres of land on Mingo Creek waters. The plaintiff claimed under an entry made by Francis Hull, of 400 acres on Monongahela river, with the Virginia commissioners on the 13th November 1779, on which a survey was made by Nevil and Ritchie of 269 acres and 136 perches, striet measure, on the 4th July 1785. .The plaintiff set up another survey of 139 acres made by Thomas Stokely, and which he alledged was founded on a warrant of re-survey, or order of the…
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Ejectment for 139 acres of land on Mingo Creek waters. The plaintiff claimed under an entry made by Francis Hull, of 400 acres on Monongahela river, with the Virginia commissioners on the 13th November 1779, on which a survey was made by Nevil and Ritchie of 269 acres and 136 perches, striet measure, on the 4th July 1785. .The plaintiff set up another survey of 139 acres made by Thomas Stokely, and which he alledged was founded on a warrant of re-survey, or order of the board of property, but which were not produced.
1Opinion of the Court
The court said, that no benefit could be derived under the lat*60ter survey, unless by shewing the warrant or order on which it was grounded. A survey having been once made, a new authority became indispensably necessary to justify a second survey. The legal presumption is, that the first survey was made with the full consent of the party and shall conclude him, unless *fraud or improper conduct can justly be ascribed to the deputy surveyor; and in such case the complaint must [*61 be followed up in a reasonable time. His laches will otherwise postpone him. These principles have been often laid…
2Cited by2 opinions
- Leving v. WillSupreme Court of the United States · 1789
- Martin v. HughesCourt of Appeals for the Third Circuit · 1898