Lessee of Bond v. Fitzrandolph
Supreme Court of Pennsylvania
Ejectment for one messuage and 400 acres of land on French creek. This was a contest between two settlers, without warrants, to lands west of the river Allegheny, and on the east side of French creek. In 1789, one Cornelius Vanhorne erected a cabin of heavy logs on the land. The lessor of the plaintiff in 1792, was an officer of the army, under G-eneral Wayne, and was stationed by him with a detachment of 28 men at Cassewago, to protect the inhabitants from the Indians.
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Ejectment for one messuage and 400 acres of land on French creek. This was a contest between two settlers, without warrants, to lands west of the river Allegheny, and on the east side of French creek. In 1789, one Cornelius Vanhorne erected a cabin of heavy logs on the land. The lessor of the plaintiff in 1792, was an officer of the army, under G-eneral Wayne, and was stationed by him with a detachment of 28 men at Cassewago, to protect the inhabitants from the Indians. During the winter, he pulled down Vanhorne’s cabin, and made rails of the logs. He erected a new cabin 50 or 60 perches from…
1Opinion of the Court
By the court.
The two clauses of the act refer to different objects. Though the words of the 11th section are general, they have been held not to extend to lands claimed under rights or contracts previous to the passing of that law. The law does not require in terminis, that a caveat shall be filed to try a title to lands. There are no words restrictive of the jurisdiction of the ordinary courts of justice in the first instance ; and we will not by construction, increase the powers of the Board of Property. The parol evidence therefore must be received ; but what operation the bare improvement…
2Cited by2 opinions
- Reed v. DickeySupreme Court of Pennsylvania · 1834
- Wilson v. HornerSupreme Court of Pennsylvania · 1868