Deal v. McCormick
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Court of Common Pleas, of Indiana county, in an ejectment, on which a bill of exceptions was returned to the charge of the Court.
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In Error. THIS was a writ of error to the Court of Common Pleas, of Indiana county, in an ejectment, on which a bill of exceptions was returned to the charge of the Court. The verdict was for the defendant. claimed under an indescriptive warrant, dated the 14th March, 1794, and a survey made by John Moore, the deputy surveyor of the district, in 1802, and- returned into office by his successor Alexander Taylor, at some period between the 16th May, .1809, and the 14th August, 1802. It was shewn by the defendant, in the trial, that another survey, on a different spot, had been made for the…
1Opinion of the Court
Gibson J.
1. There is no act of assembly in Pennsylvania which declares .that a warrant vests no title to the land it describes, unless a survey be made thereon within seven years from its date. The 5th section of the act of the 26th March, 1785, even were it prospective in its operation, would provide for a different case. But, though it is admitted the Judge erred, in stating that the defendant could'not make out a title without shewing a survey on his warrant within seven years from the date ; yet it is contended that, as from the whole case disclosed on the record the plaintiffs ought not…
2Cases cited5 opinions
- Mason v. City of NashvilleTennessee Supreme Court · 1927
- Owen v. George Cole Motor Co.Tennessee Supreme Court · 1927
- Wharf v. HowellSupreme Court of Pennsylvania · 1813
- Whitthorne v. TurnerTennessee Supreme Court · 1927
- Lessee of Evans v. NargongSupreme Court of Pennsylvania · 1809
3Cited by1 opinion
- Adams v. JacksonSupreme Court of Pennsylvania · 1842