Lessee of Woods v. Galbreath
Supreme Court of Pennsylvania
Ejectment for 70 acres of land West Pennsbro’ township. The lessor of the plaintiff claimed the lands in question, under an early settlement made thereon in 1744, by his father, James Woods ; two surveys made by George Smith, a 'deputy, employed by Thomas Cookson, esq..deputy surveyor of the district, in 1745, said to contain 235f- acres and allowance, without warrant; a receipt of Lynford Lardner’ esq. receiver general, for 17i. 18s. on account o£ lands in Pennsbro,…
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Ejectment for 70 acres of land West Pennsbro’ township. The lessor of the plaintiff claimed the lands in question, under an early settlement made thereon in 1744, by his father, James Woods ; two surveys made by George Smith, a 'deputy, employed by Thomas Cookson, esq..deputy surveyor of the district, in 1745, said to contain 235f- acres and allowance, without warrant; a receipt of Lynford Lardner’ esq. receiver general, for 17i. 18s. on account o£ lands in Pennsbro, township, by the hands of Thomas Oookson, esq. dated 24th May 1746; a second receipt of Edmund Physic, esq. receiver.general,…
1Opinion of the Court
By the court.
The evidence appears to us to be admissible. The case of Turbett’s lessee v. Vance, in 1789, is expressly in point. Courts of justice are frequently governed in their determinations by the customs of the country, as in the case of administrators selling in early times improved and even warranted and surveyed lands, as mere chattels, without any order of Orphan’s Court. So of the practice of the land office, (Dall. 7) under which a great part of the country has been settled, though not strictly regular in itself. Surveys under the usage, if established, cannot be considered as…
2Cited by2 opinions
- Watson v. GildaySupreme Court of Pennsylvania · 1824
- Manhattan Coal Co. v. GreenSupreme Court of Pennsylvania · 1873