McMutrie v. McCormick
Supreme Court of Pennsylvania
IN ERROR. Error to the Common Pleas of Huntingdon county. This was an action of ejectment in which Alexander McCormick was plaintiff, and William Martin and William McMutrie, were defendants in the court below.
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IN ERROR. Error to the Common Pleas of Huntingdon county. This was an action of ejectment in which Alexander McCormick was plaintiff, and William Martin and William McMutrie, were defendants in the court below. The principal questions in the cause were, whether the land in dispute was subject to gctual settlement in 1827, heing tffen vacant? Was it within the lines of the defendant’s survey? If not, bad it been appropriated by those under whom they claimed, previously to 1827? The parol evidence, which was voluminous, need not be here stated,, as. the opinion of the court helow, will…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The first error assigned in this case is, “that the courterred in instructing the jury, that the land in controversy, under the evidence, was open to settlement, if they should be of opinion, that it was not within the surveyed or returned lines of George Mien.” In this I can perceive no error. In this State two modes have obtained, by which, the inception of a right or title to lands from the Commonwealth may be acquired. First, by warrant or location and survey; and second, by an actual, personal, resident settlement upon the land itself.…
2Cases cited5 opinions
- Morris v. ThomasSupreme Court of Pennsylvania · 1812
- Cosby v. Lessee of BrownSupreme Court of Pennsylvania · 1809
- Luck v. DuffSupreme Court of Pennsylvania · 1820
- Lessee of Holmes v. HaySupreme Court of Pennsylvania · 1803
- Mickle v. LucasSupreme Court of Pennsylvania · 1823