Lessee of Biddle v. Dougall
Supreme Court of Pennsylvania
THIS was an appeal from the decision of his Honour the late Judge Smith, at a Circuit Court for Northumberland in October 1806. It was an ejectment for a tract of land in the purchase of 1768. The lessor of the plaintiff claimed under a lottery application of the 3d April 1769, in the name of Philip Harding, on which a survey was made 15th of May 1772, and returned into office the 3d of July 1772; and on the 28th February 1800, a patent was granted to Mr. Biddle, to whom the…
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THIS was an appeal from the decision of his Honour the late Judge Smith, at a Circuit Court for Northumberland in October 1806. It was an ejectment for a tract of land in the purchase of 1768. The lessor of the plaintiff claimed under a lottery application of the 3d April 1769, in the name of Philip Harding, on which a survey was made 15th of May 1772, and returned into office the 3d of July 1772; and on the 28th February 1800, a patent was granted to Mr. Biddle, to whom the title was regularly deduced from Harding. The defendants claimed under a lottery application for 300 acres in the name…
1Opinion of the Court
Tilghman C. J.
after stating the facts, delivered the opinion of the court.
The plaintiff’s location does not apply closely to the spot surveyed, but may be termed a loose application; such a one as according to the practice of the day, might be reasonably applied to the land in dispute. As Blair’s survey had not been returned, he had a right to extend his lines so as to cover any land not appropriated to another person; but if there had been a survey for another person even on a shifted application which had been returned, or Blair was informed of it, he had no right after so long an interval…
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