Smith v. Crawford
Supreme Court of Pennsylvania
Ejectment for a tract of land called ‘ ‘ Roscommon, ’ ’ containing 269 acres on the river Monongahelah, i.n Mifflin township.
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Ejectment for a tract of land called ‘ ‘ Roscommon, ’ ’ containing 269 acres on the river Monongahelah, i.n Mifflin township. The lessor of the plaintiff founded his title on an application filed in the secretary’s office 6th April 1769, No. 2860, in the name of James Byers, jun. for “ 300 acres of land up ‘ ‘ the bend of Monongahelah, on the west side, near or adjoining general Braddocks’s road;” a conveyance from Byers to Blaine, dated 28th June 1769, a judgment of the board of property, on the 1st September 1783, (which was not shewn in evidence further than as recited in the plaintiff’s…
1Opinion of the Court
Yeates J.
* in summing up the evidence to the jury, observed, that it was incumbent on the plaintiff to make out a good title before he could recover the lands in question, and that the real gist of the controversy lay in a proper eompari-ison of the rights of Blaine and Ross, previous to either of the patents being issued. He premised, that
Applications in the land office after the opening of it on the 3d April 1769, are the inceptions of titles when duly pursued. Merely of itself such a location • creates no right. No part of the purchase money is paid. It is the bare expression of a. wish to…
2Cases cited3 opinions
- Allison's AppealSupreme Court of Pennsylvania · 1875
- Straub v. DimmSupreme Court of Pennsylvania · 1856
- Lineweaver v. CrawfordSupreme Court of Pennsylvania · 1856
3Cited by6 opinions
- Poor v. McClureSupreme Court of Pennsylvania · 1874
- Zeller v. American International Corp.Supreme Court of Pennsylvania · 1921
- Skeen v. PearceSupreme Court of Pennsylvania · 1821
- Straub v. DimmSupreme Court of Pennsylvania · 1856
- Lineweaver v. CrawfordSupreme Court of Pennsylvania · 1856
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