Lessee of Scott v. Leather
Supreme Court of Pennsylvania
Ejectment for 292 acres of land on the north side of Bald Eagle creek. The plaintiff claimed under a deed from Alexander Lowrey and others, assignees of the commissioners, under a commission of bankrupt against Mathias Slough, a bankrupt, to Samuel Miles, dated 12th March 1792, and by him conveyed to Scott on the 21st April 1794. The plaintiff’s counsel offered in evidence the petition of Caleb Foulke on the 15th June 1787, on which the commission of bankrupt issued.
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Ejectment for 292 acres of land on the north side of Bald Eagle creek. The plaintiff claimed under a deed from Alexander Lowrey and others, assignees of the commissioners, under a commission of bankrupt against Mathias Slough, a bankrupt, to Samuel Miles, dated 12th March 1792, and by him conveyed to Scott on the 21st April 1794. The plaintiff’s counsel offered in evidence the petition of Caleb Foulke on the 15th June 1787, on which the commission of bankrupt issued. To this the defendant’s counsel excepted; unless it be first proved that Slough was a trader within the acts, and also the act…
1Opinion of the Court
Sed per Cur.
The plaintiff claims under the application and survey. Thomas Poultney’s name was made use of; but if Slough entered the location and paid the surveying fees, it is a resulting trust and saved by the act. It turns out, that Joseph Poultney assisted in the discovery of the locations, and had an equitable interest in the partnership lands. It is competent to shew that he relinquished all his claims to the person who took out the legal rights by parol testimony, which may fix and designate “the act and operatioa of law ” on the whole transaction.
A verdict passed for the plaintiff,…
2Cited by3 opinions
- Kerns v. SwopeSupreme Court of Pennsylvania · 1833
- Heirs of Galbraith v. DetrichSupreme Court of Pennsylvania · 1839
- Longworth v. CloseU.S. Circuit Court for the District of Indiana · 1837