Lessee of Packer v. Gonsalus
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Centre county, upon which five several bills of exception were returned.
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In Error. THIS was a writ of error to the Common Pleas of Centre county, upon which five several bills of exception were returned. It was an ejectment for a tract of land on the north side of Bald Eagle creek, in which the case was thus: The lessor of the plaintiff, James Packer, claimed, under an. application of the 3d of April, 1769, No. 933, in the name of Joseph Wilson, for 300 acres, the property of Samuel Wallis, deceased; and a survey on the 9th of November, 1769, returned into the office on the 20th January, 1770. The defendant claimed under an application of tbe 3d of April, 1769,…
1Opinion of the Court
Tilghman C. J.
(After stating the case proceeded as *532follows:) — If the application of Brown described the land in controversy with reasonable certainty, and a survey was actually made for him, and improperly, returned for another, the cause was with the defendant, and on this ground he rested his defence. On the other hand, the plaintiff contended, that the application of Brown called for the land which was returned for George Frey, and that no survey of the land in question, was ever made for any other person than Joseph Wilson. Five bills of exceptions were taken by the plaintiff to evidence…
2Cases cited1 opinion
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3Cited by12 opinions
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