Lessee of Steel v. Finley
Supreme Court of Pennsylvania
Ejectment for 140 acres, 3 quarters and 18 perches, in Hopewell township. Special defence taken by Finley. The plaintiff claimed under a warrant to Hugh Purdy, dated 5th December 1764, including his improvement in the Barrens, a survey made by William Matthews on the 20th December 1764, and divers mesne conveyances to Hugh Nelson, who devised the same to his daughter Agnes, one of the plaintiffs in fee.
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Ejectment for 140 acres, 3 quarters and 18 perches, in Hopewell township. Special defence taken by Finley. The plaintiff claimed under a warrant to Hugh Purdy, dated 5th December 1764, including his improvement in the Barrens, a survey made by William Matthews on the 20th December 1764, and divers mesne conveyances to Hugh Nelson, who devised the same to his daughter Agnes, one of the plaintiffs in fee. She intermarried with David Lathan, and together with him during her minority,.conveyed to William Orr, without any separate examination as the law requires, and a mortgage was taken for the…
1Opinion of the Court
By the Court.
Undoubtedly you may do so if there are proper parties. Finley has disclaimed by Iris special defence the land marked W in the diagram ; but if Carr’s warrant and survey can assist him in the portion he contends for, he can make use of it for that purpose. Turner and Milligan have wisely relinquished the claim by their counsel. Householder we know not. If he wished to contest the plaintiff’s title, he ought to have procured himself to be made a party to the suit. He was in possession of no part of the lands claimed by the plaintiff, when the ejectment was served. Let him bring his…
2Cases cited3 opinions
- Lessee of Bonnet v. DevebaughSupreme Court of Pennsylvania · 1810
- Hughes v. StevensSupreme Court of Pennsylvania · 1862
- Jones v. HartleySupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Hughes v. StevensSupreme Court of Pennsylvania · 1862
- Jones v. HartleySupreme Court of Pennsylvania · 1838