Moore v. Shaver
Supreme Court of Pennsylvania
In Error. ON a writ of error to the Court of Common Pleas of Union county, it appeared, that the land for which this ejectment was brought, was claimed by the plaintiff in error, who was also plaintiff below, on a warrant dated the 17th November, 1785, to William Cochran, including his improvement ; bounded on the south by land of F. Marryather, on the west by land of Robert.
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In Error. ON a writ of error to the Court of Common Pleas of Union county, it appeared, that the land for which this ejectment was brought, was claimed by the plaintiff in error, who was also plaintiff below, on a warrant dated the 17th November, 1785, to William Cochran, including his improvement ; bounded on the south by land of F. Marryather, on the west by land of Robert. Shaver, on the east of a barren ridge on Middle creek, in Penn’s township ; interest to commence from the 1st of November, 1755. On this warrant, a survey was made on the 7th of April, 1790, of 41 Sé acres, by F. Evans,…
1Opinion of the Court
Gibson J.,
delivered the opinion of the Court.
It is impossible to distinguish this case from the Lessee of Lauman v. Thomas. All the distinctions respecting the different kinds of warrants or locations, and thh time of vesting the title, are there well taken, and put on their true grounds. In no case, but that of a shifted right, is the commencement of the title postponed till acceptance of the survey ; and for this reason, that the contract having, by its terms, attached to a specific object, cannot be altered by the volition of one party to it, so as to be applied to a different object. The…
2Cases cited2 opinions
- Lessee of Kyle v. WhiteSupreme Court of Pennsylvania · 1808
- Lessee of Evans v. NargongSupreme Court of Pennsylvania · 1809
3Cited by1 opinion
- Heirs of Galbraith v. DetrichSupreme Court of Pennsylvania · 1839