Legal Opinion

De France v. Stricker

Supreme Court of Pennsylvania

Decided September 15, 1835PublishedCited by 2 opinions

ERROR to the common pleas of Mercer county. This was an action of ejectment by Jacob Strieker against Robert De France and others, for lot No. 96 in the fifth donation district, containing five hundred acres. Hawkins Boon was a soldier of the Pennsylvania line and died in the service, and letters of administration issued upon his estate to Robert Martin.

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ERROR to the common pleas of Mercer county. This was an action of ejectment by Jacob Strieker against Robert De France and others, for lot No. 96 in the fifth donation district, containing five hundred acres. Hawkins Boon was a soldier of the Pennsylvania line and died in the service, and letters of administration issued upon his estate to Robert Martin. The defendant offered in evidence a certified extract from the general draft of the fifth donation district, being the survey of the land in dispute, in order to show that it had been drawn by Robert Martin, administrator of Hawkins Boon, and…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

—Captain Hawkins Boon was killed in 1779, I believe, in an attempt to relieve Fort Freeling, then beleaguered by the British and Indians under colonel Butler and Brandt, a few days before the battle of Wyoming. Boon left a widow, but no children. His widow afterwards married a man by the name of Fortenbaugh. Robert Martin, Esq., of Northumberland, administered on the estate of Boon, and, it seems, drew for his widow and heirs a tract of donation land, No. 96, five hundred acres, which is' the subject of the present suit.

I shall not insert in…

2Cited by2 opinions

  1. Farr v. SwanSupreme Court of Pennsylvania · 1845
  2. Jennings v. McDowellSupreme Court of Pennsylvania · 1855

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