Potts v. Gilbert
U.S. Circuit Court for the District of Pennsylvania
This was an ejectment to recover 300 acres of land. The plaintiff produced a regular title from the commonwealth of Pennsylvania, commencing with a warrant in 1784; payment of the purchase money in the same year; return of survey in the year 1788; and a patent in 1800. The defendant produced a special warrant, dated in 1773, for the same land, to Samuel Clark; and a survey of the same, in 1803, with an endorsement “that it interfered with the survey of Potts,” under which…
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This was an ejectment to recover 300 acres of land. The plaintiff produced a regular title from the commonwealth of Pennsylvania, commencing with a warrant in 1784; payment of the purchase money in the same year; return of survey in the year 1788; and a patent in 1800. The defendant produced a special warrant, dated in 1773, for the same land, to Samuel Clark; and a survey of the same, in 1803, with an endorsement “that it interfered with the survey of Potts,” under which the lessee of the plaintiff claimed. On the part of the plaintiff, it was proved, by the deposition of Jonathan Stevens, a…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). The only defence, seriously relied upon in this case, is the act of limitations; because, as to the title of Clark, it cannot be used against the plaintiff, whose title was perfected in the year 1S00, three years before Clark’s warrant was even surveyed; and this was not accomplished, until thirty years after the date of the warrant; nor was any part of the purchase money ever paid. The statute of limitations of this state, is. in substance, the same as that of 21 Jac. I. c. 10; and declares, that no entry shall be made on land, but within twenty-one years next after the…
2Cited by7 opinions
- Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
- Wishart v. McKnightMassachusetts Supreme Judicial Court · 1901
- McEntire v. BrownIndiana Supreme Court · 1867
- City of San Francisco v. FuldeCalifornia Supreme Court · 1869
- Hoye v. SwanCourt of Appeals of Maryland · 1853
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