Legal Opinion

Lessee of Magens v. Smith

Supreme Court of Pennsylvania

Decided June 13, 1811PublishedCited by 3 opinions

In Error. This was a writ of error to the Common Pleas of Centre county. The plaintiff claimed the land in question by a warrant precisely descriptive of it, dated the 1st of July 1784. A survey was executed on the 30th of November 1784, and on the 13th June 1791, a patent issued to one George Wolf, from whom the plaintiff deduced title; The defendant proved that one English had settled upon the land in 1774, cleared a part of it which he planted with potatoes, and built a…

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In Error. This was a writ of error to the Common Pleas of Centre county. The plaintiff claimed the land in question by a warrant precisely descriptive of it, dated the 1st of July 1784. A survey was executed on the 30th of November 1784, and on the 13th June 1791, a patent issued to one George Wolf, from whom the plaintiff deduced title; The defendant proved that one English had settled upon the land in 1774, cleared a part of it which he planted with potatoes, and built a shed or cabin. In consequence of some fear of the Indians, he did not get his crop of potatoes, but left the place; and…

1Opinion of the Court

This opinion is supported by the case of Reiley’s lessee v. Overmower, tried in Huntingdon. There the defendant had made an excellent improvement, had much land cleared and fenced, and good buildings; in short an excellent farm. He was driven off during the war. In 1784 Vickroy a deputy of Gf. Woods came there. The fences and improvements were *69all burnt. He took a warrant, surveyed and returned it, and sold it to the plaintiff Reiley who patented it. Over-mower being poor and distressed did not return until 1792. Reiley brought an ejectment, and Shippen justice held the plaintiff’s *tit!e…

2Cited by3 opinions

  1. Pfoutz v. SteelSupreme Court of Pennsylvania · 1834
  2. Walker v. WalkerSupreme Court of Pennsylvania · 1827
  3. Lanning v. LondonU.S. Circuit Court for the District of Eastern Pennsylvania · 1821

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