Morris v. Travis
Supreme Court of Pennsylvania
In- ERROR. ERROR to the Court of Common Pleas of Armstrong county, and bills of exceptions to the charge of the Court. Ejectments brought by Casper W. Morris, against Robert Travis and John Wilkins. The plaintiff on the trial in the Court below, produced warrants and surveys and patents thereon, and the question was, whether they embraced the lands on which the defendants resided.
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In- ERROR. ERROR to the Court of Common Pleas of Armstrong county, and bills of exceptions to the charge of the Court. Ejectments brought by Casper W. Morris, against Robert Travis and John Wilkins. The plaintiff on the trial in the Court below, produced warrants and surveys and patents thereon, and the question was, whether they embraced the lands on which the defendants resided. In the suit against Wilkins, the Court charged the jury among other things, that, the plaintiff had shewn a legal title to seven-twentieths of a tract of land containing one thousand acres, • and witnesses had been…
1Opinion of the Court
One opinion was delivered in both these cases, as the opinion of the Court, by
Gibson J.
The question before the jury, was not whether the plaintiff’s title to the landjincluded by the diagram of the survey returned, should be affected by reason of the lines of the survey not having all been run out and marked, for the Court declared at the outset that the title was good; but *222whether the defendant had intruded within the plaintiff’s lines. It is true that near the conclusion of the charge, the Court did, in effect, say that a survey, of which only one line has been run and marked, is void; but…
2Cited by2 opinions
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