Walker v. Smith
Supreme Court of Pennsylvania
Error to the Common Pleas of Armstrong county. This was an ejectment for thirty acres of land. The plaintiff showed title, by an order of survey on a location, in 1769, and. a return of a survey, made in 1770, calling for the Manor line as a boundary. The date of the return was not stated on the record, but it is assumed by the court below to have preceded the warrant of defendant.
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Error to the Common Pleas of Armstrong county. This was an ejectment for thirty acres of land. The plaintiff showed title, by an order of survey on a location, in 1769, and. a return of a survey, made in 1770, calling for the Manor line as a boundary. The date of the return was not stated on the record, but it is assumed by the court below to have preceded the warrant of defendant. The defendant claimed, under a warrant in 1797, and a survey in 1801, including the land in controversy. He then proved that the lines of plaintiff’s survey did not, as they appeared on the land, extend to the…
1Opinion of the CourtBurnside, J.
— On an error assigned in the case of Hall v. Powell, 4 Serg. & Rawle, 462, that the late President Walker instructed the jury, where lines and corners were found on the ground, that they could not be departed from, though there may be a variance in the courses and distances, Justice Duncan, who delivered the opinion of the Supreme Court, declares that the law has ever so been "held. The real survey is the lines marked on the ground. The return of survey is only evidence thereof. In that case, the warrants were each for two hundred acres. They purported, on the return, to contain about two…
2Cases cited4 opinions
- Baring v. ShippenSupreme Court of Pennsylvania · 1809
- Lessee of Biddle v. DougallSupreme Court of Pennsylvania · 1809
- Respublica v. NewellSupreme Court of Pennsylvania · 1802
- Hall v. PowelSupreme Court of Pennsylvania · 1818