Smith v. Lessee of Patton
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Westmoreland county. It was an ejectment brought by the plaintiff below against the defendant, Smith, in which a verdict was taken for the plaintiff, subject to the opinion of the Court on the following facts. John Proctor was the owner of a tract of lan'd not patented or surveyed, of which the land for which this action was brought, is a part.
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In Error. THIS was a writ of error to the Common Pleas of Westmoreland county. It was an ejectment brought by the plaintiff below against the defendant, Smith, in which a verdict was taken for the plaintiff, subject to the opinion of the Court on the following facts. John Proctor was the owner of a tract of lan'd not patented or surveyed, of which the land for which this action was brought, is a part. On or before the spring of 1783 he agreed with Andrew Mitchell, who was the father of Elizabeth Patton one of the lessors of the plaintiff, to sell him one hundred acres at the price of sixty…
1Opinion of the Court
Tilghman C. J.
John Proctor sold to his son-in-law, Andrew Mitchell, 100 acres, part of a tract of land which had not been patented or surveyed, but to the right of pre-emp*83tion of which the said Proctor was entitled according to the laws of Pennsylvania. The purchase money was 60/., of which Mitchell paid Proctor 91. and entered into possession. He erected a house, cleared and improved a few acres of land, and lived on the premises until the time of his death, which was about a year from the making of the purchase. On the 4th February, 1784, (the day before MitchelPs death,) he made his will,…
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