Armstrong County v. McElheny
Supreme Court of Pennsylvania
Appeal, No. 1, Oct. T., 1922, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1920, No. 154, on verdict for defendant, in case of Armstrong County v. Margaret McElheny, in her own right and as sole devisee and executrix of Catherine McElheny, deceased. Ejectment for land in Kittanning Borough. Before King, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 1, Oct. T., 1922, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1920, No. 154, on verdict for defendant, in case of Armstrong County v. Margaret McElheny, in her own right and as sole devisee and executrix of Catherine McElheny, deceased. Ejectment for land in Kittanning Borough. Before King, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for defendant. Plaintiff appealed. Error assigned, inter alia, was refusal of motion for judgment for plaintiff n. o. v., quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
By proprietary patent, dated March 27, 1775, there was conveyed in fee to Colonel John Armstrong 556% acres of land, a grant fully protected by the Act of November 27, 1779. Later, it was proposed that a county town be laid out upon this tract, and, as appears by a recital in a subsequent deed, Armstrong agreed with the governor, in consideration of one-half the sums received from sales of all the town lots, to execute and deliver a deed of conveyance, in fee simple, for 150 acres, to be used for this purpose. In 1797, the land in question passed by devise to the…
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