Burchfield v. M'Cauley
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Alleghany county. This was an action of ejectment, brought in the court below to November term 1819, by the defendants in error, to recover the possession of three hundred acres of land, situate in Pine township on the head waters of Pine creek west of the Alleghany river.
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WRIT of error to the court of common pleas of Alleghany county. This was an action of ejectment, brought in the court below to November term 1819, by the defendants in error, to recover the possession of three hundred acres of land, situate in Pine township on the head waters of Pine creek west of the Alleghany river. Both parties claimed by virtue of settlements, alleged to have been made on the land in dispute, under the act of the 3d of April 1792. On the trial of the cause in May 1831, the heirs of M’Cauley, the plaintiffs below, gave evidence, showing that their father in his lifetime…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The question growing out of the first error assigned seems to be involved in the question presented’ by the third error, which is, was the copy of the draft, purporting to have been made by Thomas Fenton, admissible as evidence? for if it was, then there was legal evidence given of a survey made by a proper officer; and the first error would not be sustained.
I shall therefore consider these two errors together as one. It must be borne in mind that the location of the land in dispute is west of the Alleghany river, and therefore comes under…
2Cases cited1 opinion
- Lessee of Bell v. LeversSupreme Court of Pennsylvania · 1800
3Cited by2 opinions
- Wilson v. HornerSupreme Court of Pennsylvania · 1868
- United States v. StrandlofCourt of Appeals for the Tenth Circuit · 2012