Brien v. Elliot's
Supreme Court of Pennsylvania
IÑ ERROR. •This cause came up on an appeal by the defendants, from the Circuit Court of Allegheny, county, at which Justice Smith presided. ■ >’ It was an action of ejectment for the recovery of 150 acres- of land in St. Clair township, brought by Eclioard Brien and wife against thea heirs of West Elliott, dec’d., the heirs of John Graham dec’d. and the terre-tenants. • The plaintiffs gave in evidence, a warrant to Edward Hand, dated, 24th Nov. 1773, indorsed^ by Alexander…
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IÑ ERROR. •This cause came up on an appeal by the defendants, from the Circuit Court of Allegheny, county, at which Justice Smith presided. ■ >’ It was an action of ejectment for the recovery of 150 acres- of land in St. Clair township, brought by Eclioard Brien and wife against thea heirs of West Elliott, dec’d., the heirs of John Graham dec’d. and the terre-tenants. • The plaintiffs gave in evidence, a warrant to Edward Hand, dated, 24th Nov. 1773, indorsed^ by Alexander M’Clean— •“ReC’d. 1st Jan. 1774, executed 21st. Jail. 1778.” Also a warrant of the 24th Nov. 1773, to John.Elder,indorsed…
1Opinion of the Court
The opinion of the Court was-delivered by
GibsoN, C. J.
The title of the- plaintiffs under Virginia- is worthless, and they do not in fact rely on it. Their title under Pennsylvania consists of two locations of the 3d April, 1769, sur*59veyed by the late proprietary Deputy Surveyor, in Januaiy, 1778; .and returned by the proprietary Surveyor General, and by him .adopted as Surveybr General under the commonwealth, on the 5th March, 1782. On these surveys patents issued on the 9th of March, in the same year. If this .title be regular on its face, it ■will remain to inquire whether it be not earlier…
2Cases cited2 opinions
- Lessee of Smith v. BrownSupreme Court of Pennsylvania · 1795
- Hubley v. VanhorneSupreme Court of Pennsylvania · 1821