Lessee of M'Kenzie v. Crow
Supreme Court of Pennsylvania
Ejectment for 319^ acres of land in Southampton township. The plaintiff claimed under an application in the name of Thomas Thompson, dated 24th February 1767, upon which it was said, a survey had been made by Robert M'Kenzie, the known assistant of Richard Tea, the deputy surveyor of the district, the same Robert being the owner of the application.
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Ejectment for 319^ acres of land in Southampton township. The plaintiff claimed under an application in the name of Thomas Thompson, dated 24th February 1767, upon which it was said, a survey had been made by Robert M'Kenzie, the known assistant of Richard Tea, the deputy surveyor of the district, the same Robert being the owner of the application. To prove this, a survey dated 15th May 1767, under the signature of the said Robert M'Kenzie, and found amongst his papers at the time of his death, containing 319Í- acres, was offered in evidence by the plaintiff, as the act of the general agent…
1Opinion of the Court
And per Cziriam.
No survey has been returned into the proper office. This plat is not signed by Richard Tea, nor even a single letter or figure in it ascertained to be his hand writing; nor was it found in his office. Nothing is shewn from which it can be inferred, that the deputy surveyor has recognized this act of his assistant, as a receipt for the surveying fees, or some settled account between them, wherein the supposed act of surveying has been introduced. It cannot therefore be regarded as an official paper, but as verbal declarations of the party that he had made the survey, which…
2Cited by1 opinion
- Moore v. ThompsonMichigan Supreme Court · 1892