Downing v. Gallagher
Supreme Court of Pennsylvania
In Error. EJECTMENT in the Common Pleas of Camb'ria county. The plaintiff, Downing, gave in evidence on the trial a warrant to Thomas Houston, dated, July, 1st, 1784, and a survey in pursuance of the warrant.
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In Error. EJECTMENT in the Common Pleas of Camb'ria county. The plaintiff, Downing, gave in evidence on the trial a warrant to Thomas Houston, dated, July, 1st, 1784, and a survey in pursuance of the warrant. He then offered in evidence a patent to William Brown and James Harris, dated, 21st September, 1789, containing a recital of a deed from Thomas Houston to the said Brown and Harris, dated, 15th March, 1786. The defendant having shewn no title, objected to the patent’s going in evidence, and the Court rejected the evidence. The plaintiff tendered a bill of exceptions. The plaintiff also…
1Opinion of the Court
Tilghman C. J.
(After stating the case.) It is incumbent, on the plaintiff in ejectment to shew title under the Commonwealth, and this is most properly done by producing a patent. Why. then was not this patent evidence ? Because, say the defendants, it appears, that a warrant and survey were issued and made for Thomas Houston, and it does not appear otherwise than by the recital in the patent, that Houston had transferred his right to the patentees. But this is not a good objection. The recital is evidence against the Commonwealth, and all persons claiming under the Commonwealth after the date…
2Cases cited1 opinion
- Penrose v. GriffithSupreme Court of Pennsylvania · 1811
3Cited by1 opinion
- Allison v. RankinSupreme Court of Pennsylvania · 1821