Zerbe v. Schall
Supreme Court of Pennsylvania
ERROR to Schuylkill county. This was an aclion of ejectment by John Schall and Frederick Lauderbrun against Peter Zerbe, for three hundred and twenty-two acres of land.
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ERROR to Schuylkill county. This was an aclion of ejectment by John Schall and Frederick Lauderbrun against Peter Zerbe, for three hundred and twenty-two acres of land. Plaintiffs claim under an improvement made on the land by John Adams, commenced in the year 1800, whose title was vested in the plaintiffs, who had obtained a patent for the land in 1828. Henry Zimmerman was in possession of the land in 1830, as the tenant of the plaintiffs, and he gave up the possession to the defendant, Peter Zerbe, against whom the ejectment was brought. The defendant, Peter Zerbe, claimed the land upon an…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
—It is a general rule that the owner of a location shall not be prejudiced by the deputy’s negligence, in respect to returning the survey; but the omission to have it returned shall be imputed to the owner, where he has not paid the fees. That is the extent to which the decisions have gone ; for it certainly has not been determined, that payment of fees releases him from further attention to his title. In Star v. Bradford, it is declared to be the business of the owner not only to have a survey made, hut also to bave it returned ; and in…
2Cited by7 opinions
- Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
- Hoffman v. BellSupreme Court of Pennsylvania · 1869
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Emery v. SpencerSupreme Court of Pennsylvania · 1854
- Steinmetz v. LoganSupreme Court of Pennsylvania · 1836
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