Lessee of Grant v. Eddy
Supreme Court of Pennsylvania
Ejectment for 55,000 acres of land, on the waters of Loyalsock, Hopping, Towanda and Muncey creeks. The. plaintiff claimed under a number of different applications in the land office, dated December 17, 1792, and 8th March and 3d May 1793, for 400 acres of land each, and warrants consequent thereon, bearing equal date therewith, on which surveys were made.
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Ejectment for 55,000 acres of land, on the waters of Loyalsock, Hopping, Towanda and Muncey creeks. The. plaintiff claimed under a number of different applications in the land office, dated December 17, 1792, and 8th March and 3d May 1793, for 400 acres of land each, and warrants consequent thereon, bearing equal date therewith, on which surveys were made. Previous to the entry of the applications, the lessor of the. plaintiff obtained the certificate of two justices of the peace of Northumberland county, that the lands were unimproved. The warrants described the lands as lying in the county…
1Opinion of the Court
By the court.
The objection appears to us to be ill grounded ; but if sustained it would operate as a two edged sword. Eor if the insertion of a county in the warrant, variant from that wherein the justices live, would vacate such warrant as to the lands out' of the proper county, then the title to the lands in Luzerne county, surveyed under the plaintiff’s warrants, would be bad. But such informalities cannot, in our idea, defeat a right.
The words of the act of 1st April 1784 are merely directory, and do not avoid a warrant for want of a certificate, or for an improper one. The object of the…
2Cited by6 opinions
- Silliman v. William Whitmer & SonsSuperior Court of Pennsylvania · 1899
- Smith v. MooreSupreme Court of Pennsylvania · 1835
- Stewart v. ShoenfeltSupreme Court of Pennsylvania · 1825
- M'Namara v. ShorbSupreme Court of Pennsylvania · 1834
- Anderson v. KeimSupreme Court of Pennsylvania · 1840
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