Balliot v. Bauman
Supreme Court of Pennsylvania
THIS was a writ of error to the Court of Common Pleas of Northampton county, in an action of trespass for cutting timber trees, brought by John D. Bauman against Aaron Balliot, in which a verdict and judgment were rendered for the plaintiff. The pleas were not guilty, and liberum ienementum, and the question was on the title.
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THIS was a writ of error to the Court of Common Pleas of Northampton county, in an action of trespass for cutting timber trees, brought by John D. Bauman against Aaron Balliot, in which a verdict and judgment were rendered for the plaintiff. The pleas were not guilty, and liberum ienementum, and the question was on the title. The plaintiff gave in evidence a patent to himself for 94 acres, dated 21st March 1837. This patent was granted on an application to John Rhodes, dated 22d June 1768. The survey was made on the 25th October 1810. It was returned and accepted on the 22d February 1837. The…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
A patent is not operative against the rights of a third person existing before the issuing of the patent. He may show that his right is better than that of him who obtained the patent, and for that purpose may inquire into the prior title of the patentee, whether by warrant, survey, settlement or otherwise, *155and show that, his own equitable title is better. But one who purchases after the issuing of the patent, and whose whole claim originates subsequently to its date, is not at liberty to search into imperfections in the previous title of…
2Cited by8 opinions
- Herron v. DaterSupreme Court of the United States · 1887
- Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
- Fisher v. KaufmanSupreme Court of Pennsylvania · 1895
- Bushey v. South Mount. M. & I. Co., Pennsylvania Court of Common Pleas, Cumberland County1890
- Trustees of the Proprietors v. Kingston Coal Co.Supreme Court of Pennsylvania · 1919
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