Smith v. Vasbinder
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1874, No. 127. Alexander Smith and others brought an action of ejectment on the 30th of November 1870, against Andrew Vasbinder, for 518 acres of land in Warsaw township. The case was tried, May 21st 1873, before Trunkey, P. J., of the Twenty-eighth district.
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Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1874, No. 127. Alexander Smith and others brought an action of ejectment on the 30th of November 1870, against Andrew Vasbinder, for 518 acres of land in Warsaw township. The case was tried, May 21st 1873, before Trunkey, P. J., of the Twenty-eighth district. The facts in the case are as follows:— On the 24th of December 1873, warrant No. 4546 for 1100 acres “ in district No. 6 in the late purchase on the east side of the Allegheny river,” issued to John Nicholson. On this warrant Ennion Williams,…
1Opinion of the CourtChief Justice Agnew
The finding of the jury under the instructions given by the court establishes the fact that at the time of the survey and patent to Seth Clover, the defendant (Andrew Vasbinder)'had no title to the 26 acres found for the plaintiff. This portion lay outside of the boundaries marked by the defendant as the limit of his settle*130ment and improvement. The John Nicholson warrant No. 4546 was filled by survey in 1794, and returned into the Land Office. Whether this survey rvas accepted or not, is uncertain. The question reserved was whether the subsequent survey for Seth Clover, the alleged owner of…
2Cases cited3 opinions
- Oyster v. BellasSupreme Court of Pennsylvania · 1834
- Lessee of Steward v. RichardsonSupreme Court of Pennsylvania · 1796
- Caldcleugh v. CareySupreme Court of Pennsylvania · 1843