Lessee of Cluggage v. Swain
Supreme Court of Pennsylvania
This was an appeal from the decision of Judge Bracken-ridge at a Circuit Court for Huntingdon in June 1808. It was an ejectment for a tract of 319 acres of land, which the plaintiff’ claimed under an application of the 13th April 1767, No. 3426, in the name of Henry Mills, for 300 acres on the north branch of the Shade creek, about one mile from the Shades, joining land applied for by Samuel Kennedy, Cumberland county.
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This was an appeal from the decision of Judge Bracken-ridge at a Circuit Court for Huntingdon in June 1808. It was an ejectment for a tract of 319 acres of land, which the plaintiff’ claimed under an application of the 13th April 1767, No. 3426, in the name of Henry Mills, for 300 acres on the north branch of the Shade creek, about one mile from the Shades, joining land applied for by Samuel Kennedy, Cumberland county. On the 25th October 1774, a survey under this location was made upon the land in controversy by the late Judge Smith, then deputy surveyor. No conveyance from Mills to…
1Opinion of the Court
Tilghman C. J.
On the trial of this cause, it became material for the plaintiff to prove that Robert Cluggage had property in a location dated 18th April 1767 in the name of Henry Mills, on which a Burvey was made 25 th October *1411774, by Thomas Smith esquire deceased, at that time deputy surveyor. In order to do this, he offered in evidence a certificate signed by Mr. Smith, dated 14th October 1785, purporting that Robert Cluggage had, on the 7th of August preceding, paid him 81. for surveying a tract of land, on an order in the name of Henry Mills. Mr. Smith being alive at the time of the…
2Cases cited4 opinions
- Brotton v. LangertWashington Supreme Court · 1890
- Dana v. TuckerNew York Supreme Court · 1809
- Hutchinson v. SandtSupreme Court of Pennsylvania · 1833
- People v. GaineNew York Supreme Court · 1806
3Cited by38 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Pettibone v. PhelpsSupreme Court of Connecticut · 1840
- Ogden v. United StatesCourt of Appeals for the Third Circuit · 1902
- M'Call v. NeelySupreme Court of Pennsylvania · 1834
- Ronald A. Williams v. James Price, Superintendent, Sci-Pittsburgh D. Michael Fisher, Attorney GeneralCourt of Appeals for the Third Circuit · 2003
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