Stockman v. Blair
Supreme Court of Pennsylvania
IN ERROR. THIS was an ejectment in the Common Pleas of Beaver county, for 200 acres of land on the waters of Big Beaver. The plaintiff claimed under an improvement and settlement, commenced by one Jordan; but it did not appear that any survey had ever been made tor Jordan, or any one claiming under him.
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IN ERROR. THIS was an ejectment in the Common Pleas of Beaver county, for 200 acres of land on the waters of Big Beaver. The plaintiff claimed under an improvement and settlement, commenced by one Jordan; but it did not appear that any survey had ever been made tor Jordan, or any one claiming under him. It was in evidence however that line of the depreciation survey, had been considered as a boundary between one of the persons under whom the plaintiff claimed, and one of the defendants. The defendants made title as follows: one hundred and twenty-six warrants or orders of survey, for the…
1Opinion of the Court
Yeates J.
The bill of exceptions in this case presents two questions to the Court for their decision.
1. Was the survey under which the defendants claimed the land, illegal and unauthorised under all the circumstances?
2. Was the plaintiff competent to support an ejectment?
1. It has been contended, that the survey made by Leet was unauthorised and void, because it did not appear that at the time the survey was made, the warrant was then in his possession. I admit that it does not so appear. But what then? Does the act of the 3d of April 1792 require it? By'no means. The meaning of the law on…
2Cases cited1 opinion
- Lessee of M'Rhea v. PlummerSupreme Court of Pennsylvania · 1807
3Cited by2 opinions
- Reed v. DickeySupreme Court of Pennsylvania · 1834
- Wilson v. HornerSupreme Court of Pennsylvania · 1868