Keller v. Powell
Pennsylvania Court of Common Pleas, Luzerne County
No. 98 January Term 1891, Sup. Ct.; court below, No. 114 October Term 1887, G. P. On June 21, 1887, John Keller brought ejectment against John Powell and William Keating for 120 perches of land in Plymouth township. The plaintiff’s declaration was afterwards amended so as to claim 14,948 square feet of land. The defendants pleaded not guilty, and the statute of limitations.
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No. 98 January Term 1891, Sup. Ct.; court below, No. 114 October Term 1887, G. P. On June 21, 1887, John Keller brought ejectment against John Powell and William Keating for 120 perches of land in Plymouth township. The plaintiff’s declaration was afterwards amended so as to claim 14,948 square feet of land. The defendants pleaded not guilty, and the statute of limitations. At the trial on October 17,1890, the plaintiff, in support of his claim of title, put in evidence a certified copy of a warrant from the surveyor general’s office at Harrisburg, dated June 20, 1866, and directed to John…
1Opinion of the Court
Per Curiam :
The first assignment does not conform to the Rules of Court. The remaining assignments present a single question of law, viz., when does title begin under a descriptive warrant duly surveyed and returned ? The appellant contends that it commences with the date of the return of the survey; the appellees contend that it begins with the date of the warrant.
This, as before observed, was a descriptive warrant; its boundaries are fully set forth therein. A descriptive warrant gives a right of entry: Bechtel v. Rhoads, 3 S. & R. 333. The warrantee has an equitable title, commencing with…
2Cases cited1 opinion
- Washabaugh v. EntrikenSupreme Court of Pennsylvania · 1859
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