Legal Opinion

Creek v. Moon

Supreme Court of Pennsylvania

Decided October 15, 1821PublishedCited by 1 opinion

In Error. ERROR to the Court of Common Pleas of Cumber- » » ' . t Ifflld County. * This was an ejectment for 200 acres of land in Cumberland county, brought by Gilbert Moon and Philip Leonard, defeti-. dants in error, and plaintiffs below, against John Creek and Catherine Creek, The plaintiffs below claimed under a warrant to John Ramsay, dated the 6th February, 1775, “ for 150 acres of land, adjoining his other land, and. land of Alexander Power, in Rye township, Cumberland…

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In Error. ERROR to the Court of Common Pleas of Cumber- » » ' . t Ifflld County. * This was an ejectment for 200 acres of land in Cumberland county, brought by Gilbert Moon and Philip Leonard, defeti-. dants in error, and plaintiffs below, against John Creek and Catherine Creek, The plaintiffs below claimed under a warrant to John Ramsay, dated the 6th February, 1775, “ for 150 acres of land, adjoining his other land, and. land of Alexander Power, in Rye township, Cumberland county, interest to commence ist March, 1772.” On this warrant a survey of 328 acres and 112 perches, with the usual…

1Opinion of the Court

The opinion of the Court was delivered by

Tilghman C. J.

[After stating the points of the case.]— On these points offact, the parties were at issue before the jury, and in the course of the trial, several matters of law were submitted to the Court, and decided by them, to which the counsel for the defendants excepted. These exceptions may be reduced to two heads. .

1. The defendants contendedj that at the time the plaintiffs’ survey was made, fames Harris was not deputy sur*334veyor of that, or of any other district, and consequently the survey was void, and could not be made good by the accep.…

2Cases cited2 opinions

  1. Lessee of Kyle v. WhiteSupreme Court of Pennsylvania · 1808
  2. Lessee of Harris v. MonksSupreme Court of Pennsylvania · 1815

3Cited by1 opinion

  1. Prout v. BardSupreme Court of Pennsylvania · 1840

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