Legal Opinion

Commonwealth ex rel. Griffith v. Cochran

Supreme Court of Pennsylvania

Decided May 30, 1812PublishedCited by 20 opinions

T the last term of this Court for the Lancaster, district, a rule was granted upon the defendant to shew cause on Monday the 27th of May, why a. mandamus should not be issued, “ commanding him to prepare and deliver patents to Robert E. Griffith, who survived Philip Nicklin, (which said Robert and Philip, in the life time of the said Philip, were assignees of Joseph Boone, who was assignee of John Nicholson) for sixty-eight tracts of land, situate in what was formerly called…

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T the last term of this Court for the Lancaster, district, a rule was granted upon the defendant to shew cause on Monday the 27th of May, why a. mandamus should not be issued, “ commanding him to prepare and deliver patents to Robert E. Griffith, who survived Philip Nicklin, (which said Robert and Philip, in the life time of the said Philip, were assignees of Joseph Boone, who was assignee of John Nicholson) for sixty-eight tracts of land, situate in what was formerly called the Eighteen Districts, and which were surveyed on sixty-seven warrants of one thousand acres each, and one warrant for…

1Opinion of the Court

Tilghman C. J.

Although this court has in several instances granted rules on the secretary of the land office, to shew cause why a mandamus should not issue, commanding him to make out patents, yet no mandamus has ever issued; because these rules have been made in consequence of the wish of the board of property to know the opinion of the court, and to comply with it. In the case of the Commonwealth v. Tench Coxe, secretary of the land office, the propriety of this remedy was brought into question, but' not decided on, as the mandamus was denied on the merits of the case. The power of the…

2Cases cited2 opinions

  1. United States v. LawrenceSupreme Court of the United States · 1795
  2. Cheriot v. FoussatSupreme Court of Pennsylvania · 1810

3Cited by20 opinions

  1. Commonwealth ex rel. Snyder v. MitchellSupreme Court of Pennsylvania · 1876
  2. Souder v. PhiladelphiaSupreme Court of Pennsylvania · 1931
  3. Appeal of HartranftSupreme Court of Pennsylvania · 1877
  4. Kirk and Others, in Error v. Smith, Ex. Dem. Penn, in ErrorSupreme Court of the United States · 1824
  5. Dechert v. Commonwealth ex rel. SmartSupreme Court of Pennsylvania · 1886

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