Lessee of Lilly v. Kitzmiller
Supreme Court of Pennsylvania
Ejectment for one messuage, grist mill, saw mill, &c. and 156 acres of land, in Manheim township. The lessor of the plaintiff grounded his title on a Maryland patent for 6822 acres of land, dated nth October 1735, founded on an original warrant for 10,000 acres, dated 1st April 1732, which, according to the custom of the land office of Maryland, had been renewed nine times: Also on a Maryland warrant of re-survey, to re-survey the ancient metes and bounds, correct errors in…
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Ejectment for one messuage, grist mill, saw mill, &c. and 156 acres of land, in Manheim township. The lessor of the plaintiff grounded his title on a Maryland patent for 6822 acres of land, dated nth October 1735, founded on an original warrant for 10,000 acres, dated 1st April 1732, which, according to the custom of the land office of Maryland, had been renewed nine times: Also on a Maryland warrant of re-survey, to re-survey the ancient metes and bounds, correct errors in the first survey, and add contiguous vacancies, whether cultivated or not, dated 15th July 1745; a survey thereon of…
1Opinion of the Court
The court, in their charge to the jury, after' summing up the title of the plaintiff and defendant to the lands in question, said in substance as follows: — The lands in dispute lie four miles north of the boundary line between the states of Pennsylvania and Maryland. Independent of the proprietaries’ agreements, Lord Baltimore could have no right to grant lands beyond the limits of his province. Whatever, however, was granted by either proprietor, though beyond their respective limits, before the royal order of 1738, was secured to the settlers by their mutual agreement. But the subsequent…
2Cases cited1 opinion
- Mills v. BuchananSupreme Court of Pennsylvania · 1850
3Cited by2 opinions
- Mills v. BuchananSupreme Court of Pennsylvania · 1850
- Lessee of Hyam v. EdwardsSupreme Court of Pennsylvania · 1759