Lilly v. executors of Paschal
Supreme Court of Pennsylvania
In Error. THE executors of Thomas Paschal were plaintiffs in this ejectment brought in the Common Pleas of Northumberland county. They claimed, under a warrant to Thomas Paschal, dated 26th July, 1774, “for 300 acres of land adjoining Gilchrist “ on the west, upon the south side of Muncy hill, in Turbut “ township, Northumberland county.”
Read the full summary
In Error. THE executors of Thomas Paschal were plaintiffs in this ejectment brought in the Common Pleas of Northumberland county. They claimed, under a warrant to Thomas Paschal, dated 26th July, 1774, “for 300 acres of land adjoining Gilchrist “ on the west, upon the south side of Muncy hill, in Turbut “ township, Northumberland county.” The purchase money on this warrant was paid 4th August, 1774, and a survey was made by Charles Lukens, deputy surveyor, 11th October, 1776, of 251 i acres. At what time the survey was returned did not appear: but a patent issued to Thomas Paschal, on the…
1Opinion of the Court
Tilghman C. J.
(After stating the case.) Six exceptions have been taken to the charge of the Court, which shall be considered in the order they were brought forward.
Exception 1. “ That the Court instructed the jury that “ the lines of an adjoining survey will not make a sufficient “survey for the defendant: but left it to the jury to decide “ whether a survey was actually made or not, when all the “ evidence was in favour of the survey, and none against it.” As to leaving it to the jury, it was no more than what the Court were bound, to do, and it is impossible for us to sav, nor have we…
2Cases cited1 opinion
- Lessee of M'Rhea v. PlummerSupreme Court of Pennsylvania · 1807
3Cited by2 opinions
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Sidwell v. EvansSupreme Court of Pennsylvania · 1830