Sample v. Robb
Supreme Court of Pennsylvania
Error to the Common Pleas of Mifflin county. This was an ejectment brought by James Robb against Samuel Sample, (David W-. Hulings afterwards suggested as landlord, and admitted as co-defendant,), to recover “ a tract or piece of land in Oliver township, Mifflin county, bounded by other lands of James Robb and others, containing fifty acres or thereabouts.”
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Error to the Common Pleas of Mifflin county. This was an ejectment brought by James Robb against Samuel Sample, (David W-. Hulings afterwards suggested as landlord, and admitted as co-defendant,), to recover “ a tract or piece of land in Oliver township, Mifflin county, bounded by other lands of James Robb and others, containing fifty acres or thereabouts.” The plaintiff gave in evidence a warrant of 9th January 1837. Survey, 25th May 1837. Return and acceptance, 6th June 1837. The defendants relied upon a pre-emption, based upon improvement and settlement, and showed drafts for two adjoining…
1Opinion of the Court
*319The opinion of the court was delivered June 16, by
Coulter, J.
If there had been an actual settlement on the land, and the settler had adopted the lines designated by the old drafts found in the land-office and offered in evidence as the boundaries of his claim, and proved that he did so adopt the lines indicated by them, I can see no objection to their having been received in evidence.
But as the drafts were offered first by the defendant below, without any warrant being given in evidence, improvement, or location, they were properly rejected. The most that would accrue from these papers was…
2Cited by4 opinions
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
- Shade v. LlewellynSupreme Court of Pennsylvania · 1915
- Mickey v. HardinSuperior Court of Pennsylvania · 1922
- Gold v. ScottSuperior Court of Pennsylvania · 1897