Boyles v. Johnston's Executors
Supreme Court of Pennsylvania
IN ERROR. THIS was an ejectment in the Common Pleas of Indiana, for 213\ acres, which the executors of Johnston, the plaintiffs below, claimed under a warrant of the 8th December 1774, in favour of Stephen Porter, for 200 acres on Stoney Run. On this warrant a survey was made on the 24th November 1775 by Joshua Elder, deputy surveyor, for 213^ acres. On the 1st March 1782, Porter conveyed to Johnston the testator, who obtained a patent from the Commonwealth.
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IN ERROR. THIS was an ejectment in the Common Pleas of Indiana, for 213\ acres, which the executors of Johnston, the plaintiffs below, claimed under a warrant of the 8th December 1774, in favour of Stephen Porter, for 200 acres on Stoney Run. On this warrant a survey was made on the 24th November 1775 by Joshua Elder, deputy surveyor, for 213^ acres. On the 1st March 1782, Porter conveyed to Johnston the testator, who obtained a patent from the Commonwealth. The defendant claimed under an application dated the 3d April 1769, and signed by John Pomeroy in the name of John Stephenson, for 300…
1Opinion of the Court
Tilghman C. J.
after stating the facts, proceeded as follows:
If this land was actually surveyed for Pomeroy, and improperly returned by the deputy surveyor on Porter's warrant, and if Pomeroy had taken possession, insisted on his title, and never relinquished it, then there would have been an outstanding title which would have barred the plaintiff’s recovery, even though the title of the defendant had not been Connected with that of Pomeroy. Whether it was so connected, does not appear by the bill of exceptions, and therefore we cannot suppose that it was. If as the defendants’ counsel now…
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