Lessee of Mobley v. Oeker
Supreme Court of Pennsylvania
Ejectment for 214 acres on Clover creek, in Woodberry township. The lessors of the plaintiff founded their pretensions on an improvement made by their father, Ezekiel Mobley, on lands adjoining. He settled on those lands in 1774 or 1775, erected a small house with a garden, cleared 15 or 20 acres, and begun 2 or 3 acres for meadow. He claimed the lands from Clover creek, southerly to some marked trees between him and Michael Crydor, 363 perches distant.
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Ejectment for 214 acres on Clover creek, in Woodberry township. The lessors of the plaintiff founded their pretensions on an improvement made by their father, Ezekiel Mobley, on lands adjoining. He settled on those lands in 1774 or 1775, erected a small house with a garden, cleared 15 or 20 acres, and begun 2 or 3 acres for meadow. He claimed the lands from Clover creek, southerly to some marked trees between him and Michael Crydor, 363 perches distant. The good land extended easterly from the creek, about 125 perches to Tussey’s mountain. He sold his claim to one tract, west of the creek;…
1Opinion of the Court
[*202 The court said, improvement rights were equitable claims *which might be fortified by the acts of a widow during the minority of her children, by pursuing and continuing the first settlement. So also might they be. abandoned and forfeited by her neglect. Evidence was equally applicable and relevant in both cases. It was impossible .to lay down any general rule on the subject. Every case must depend on its own peculiar circumstances. The effect of the evidence must be judged of, after it had been received.
After the evidence had been gone through, the court said, that they discovered nothing…
2Cited by5 opinions
- Way v. HootonSupreme Court of Pennsylvania · 1893
- Warfield v. FoxSupreme Court of Pennsylvania · 1867
- Estate of Klett v. EbochSuperior Court of Pennsylvania · 1993
- Clauhs v. QuinnPennsylvania Court of Common Pleas · 1953
- Nicole B., Aplts. v. Philadelphia SDSupreme Court of Pennsylvania · 2020