Snyder v. Bowman
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an action of ejectment by Samuel Snyder against Josiah Bowman. The plaintiff claimed under an application in the name of William Stewart, dated in 1765, upon which a survey had been made in the same year by Bartram Galbraith, D. S. In order to show a return of this survey, the plaintiff called Jacob Eyster, Esq., a clerk in the surveyor-general’s office, who testified as follows: “I find two surveys returned on Stewart’s…
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ERROR to the common pleas of Dauphin county. This was an action of ejectment by Samuel Snyder against Josiah Bowman. The plaintiff claimed under an application in the name of William Stewart, dated in 1765, upon which a survey had been made in the same year by Bartram Galbraith, D. S. In order to show a return of this survey, the plaintiff called Jacob Eyster, Esq., a clerk in the surveyor-general’s office, who testified as follows: “I find two surveys returned on Stewart’s application; one, ninety acres in 1808 or 1809, by M’Kee; another, purporting to be returned by B. Galbraith, which I…
1Per curiam
—We cannot say that Bartram Galbraith’s survey of 1778 was altogether irrelevant. It represents the division line between Ferree and Snyder; and surveys of adjoining tracts are frequently laid before the jury: it may, therefore, have had a legitimate bearing on the point in issue.
The copy of Stewart’s survey, signed by Parker, was properly rejected. If it were duly authenticated according to the forms of the office, it would need no supplementary proof to make it an official paper; and if it be not, it certainly cannot be helped by proof that it *134is in the handwriting of one who was an office…
2Cited by1 opinion
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