Foster v. Shaw
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Union county, in an ejectment brought by John Foster and William Foster, against Samuel Shaw and Thomas Matthews, in which there was a verdict and judgment for the defendants in the Court below.
Read the full summary
In Error. ERROR to the Court of Common Pleas of Union county, in an ejectment brought by John Foster and William Foster, against Samuel Shaw and Thomas Matthews, in which there was a verdict and judgment for the defendants in the Court below. The suit was brought for a moiety of 214 acres and 35 The warrant under which , . rT , . perches in Hartley township. both parties claimed, issued from the land office on the 27th June, 1773, in favour of Robert Chancellor, and a survey was made thereon on the 15th February, 1793. The plaintiffs claimed the moiety under the will of their father John…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
The warrant which gave rise to .the controvery, issued from the land office, on 27th June, 1773, in the name of Robert ^Chancellor.
The plaintiffs claim an undivided half part of the land surveyed on it, under the will of their father, John Foster, who they allege took up the land, and agreed with Chancellor that he should take out the warrant in his name, arid that. Foster should have one-half, for locating the lands ; a very common custom, at that day.
The defendants claim the whole under a convéyance of 15th April, 1796, from Robert Morrison…
2Cases cited2 opinions
- Miles v. O'HaraSupreme Court of Pennsylvania · 1811
- Stockton v. StateTennessee Supreme Court · 1927
3Cited by4 opinions
- Chew v. KeckSupreme Court of Pennsylvania · 1833
- Chew v. MortonSupreme Court of Pennsylvania · 1840
- Blackshire v. Iowa Homestead Co.Supreme Court of Iowa · 1874
- Eastman v. CooperMassachusetts Supreme Judicial Court · 1834