Warner v. Henby
Supreme Court of Pennsylvania
Error, to the Common Pleas of Qambria county. This was an ejectment by Elias Henby against Anthony Warner and William A. Murray, for a tract of land in Jackson township, containing four hundred acres. Murray disclaimed title, and when the cause was called for trial allowed judgment to be entered against him, but issue was joined between Henby and Warner.
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Error, to the Common Pleas of Qambria county. This was an ejectment by Elias Henby against Anthony Warner and William A. Murray, for a tract of land in Jackson township, containing four hundred acres. Murray disclaimed title, and when the cause was called for trial allowed judgment to be entered against him, but issue was joined between Henby and Warner. To sustain the issue on his part the plaintiff gave in evidence a warrant to John Clark, dated 30th of November 1793, for four hundred acres, and a survey dated 1st May 1791, of four hundred and twenty acres, and allowance. The title was then…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
— The plaintiff sought to recover on his paper title, and on the trial put in evidence a warrant from the Commonwealth to one John Clark for the land, dated the 30th No vember 1793, and a survey of the 1st of May 1794.
The next step was the deed from Thomas Jackson to Philip Rheam, for the same land, dated the 7th July 1840, but without showing any title to the Clark warrant, or possession under it. From this point downward the title to the plaintiff was regularly derived.
This raises the inquiry, how did Jackson’s conveyance operate to…
2Cases cited1 opinion
- Lessee of Galloway v. OgleSupreme Court of Pennsylvania · 1810
3Cited by2 opinions
- Dougherty v. WelshansSupreme Court of Pennsylvania · 1911
- Hasson v. KleeSupreme Court of Pennsylvania · 1897