Lessee of Merchant v. Millison
Supreme Court of Pennsylvania
Ejectment for 300 acres of land in Union township. The plaintiff claimed under a warrant to Frederick Merchant and Peter Bright for 250 acres of land on the waters of Big Sewickley, adjoining land of Jacob Millison dated 10th February 1786; upon which a survey was obtained on the 12th April following of 268 acres and 155 perches, and a patent issued thereon, on 27th October 1787. It'was admitted and proved, that near thirty years ago, Jacob Millison, the father of the…
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Ejectment for 300 acres of land in Union township. The plaintiff claimed under a warrant to Frederick Merchant and Peter Bright for 250 acres of land on the waters of Big Sewickley, adjoining land of Jacob Millison dated 10th February 1786; upon which a survey was obtained on the 12th April following of 268 acres and 155 perches, and a patent issued thereon, on 27th October 1787. It'was admitted and proved, that near thirty years ago, Jacob Millison, the father of the defendant, purchased a tract of land from William Thompson, then surveyor of the district, who surveyed it. There was then no…
1Opinion of the Court
Sed per Cur.
The exception would have been well taken, and would hold in its full force, if Millison had abandoned his improvement, and agreed to the return of survey as made by Light. But the defence rests on the opposite ground, and that he never *could be supposed freely to have given his concurrence, to such returns, abridging himself of part of his [*75 improvement, and the best part of his land. Whether the assis*75tant surveyor has been guilty of a legal fraud or not, is almost the only question to be decided.
This cause had been tried before president Addison, in March term 1793, when a…
2Cases cited3 opinions
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Lindsey v. CorahSupreme Court of Pennsylvania · 1838
- Clarke v. DouganSupreme Court of Pennsylvania · 1849
3Cited by3 opinions
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Caldwell v. HollerSupreme Court of Pennsylvania · 1861
- Marcy v. GardinierSupreme Court of Pennsylvania · 1838