Strauch v. Shoemaker
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Schuylkill county. This was an action of ejectment by John Strauch and John Klingeman against George Shoemaker, to recover a tract of land in Norwegian township, containing 174 acres.
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ERROR to the Common Pleas of Schuylkill county. This was an action of ejectment by John Strauch and John Klingeman against George Shoemaker, to recover a tract of land in Norwegian township, containing 174 acres. Plaintiffs gave the following evidence: 1767, January 20th.—No. 2283, Application of Michael Lindermuth and John Melchior for 300 acres over the Second Blue mountain, adjoining the lands of Abraham Dely, Ellis Hughes, and said Melchior in Berks county, with directions to the deputy to execute the survey. 1806, April 18.—Survey under the same by Henry M. Richards, D. S. of 174 acres…
1Dissent
The opinion of the Court (Huston J. dissenting) was delivered by
Rogers, J.
In several cases, particularly Chambers v. Mifflin, (1 Penn. Rep. 74) Addleman v. Masterson, (1 Penn. Rep. 454) and Star v. Bradford, (2 Penn. Rep. 393) it is ruled, that taking out a warrant, or application, and procuring a survey, without more, gives no title to land. That it is necessary for a warrantee, or applicant, not only to have a survey made, but he should have it returned. In Star v. Bradford, it is intimated that the time for returning a survey cannot, under ordinary circumstances, be extended beyond seven…
2Cases cited9 opinions
- Morton v. HarrisSupreme Court of Pennsylvania · 1840
- Caul v. SpringSupreme Court of Pennsylvania · 1834
- Sheaffer v. M'KabeSupreme Court of Pennsylvania · 1834
- Luffborough v. ParkerSupreme Court of Pennsylvania · 1827
- Brentlinger v. HutchinsonSupreme Court of Pennsylvania · 1832
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- City of Philadelphia v. MillerSupreme Court of Pennsylvania · 1865
- Herder Spring Hunting Club v. Keller, ApltsSupreme Court of Pennsylvania · 2016
- Glass v. GilbertSupreme Court of Pennsylvania · 1868
23 more not listed; retrieve them via the Exa API.