White v. Lessee of Kyle
Supreme Court of Pennsylvania
IN ERROR. THIS was an ejectment for lands in Mifflin county, the J. title to which on both sides is state-d in the first volume of these Reports, p. 247. Upon the trial of the cause, the opinion of the court r ; was requested upon various points, of which two only are material. 1. Whether any improvement, made before the land on which it was made was purchased from the Indians, can vest any interest either in law or equity, unless connected with a special promise from the…
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IN ERROR. THIS was an ejectment for lands in Mifflin county, the J. title to which on both sides is state-d in the first volume of these Reports, p. 247. Upon the trial of the cause, the opinion of the court r ; was requested upon various points, of which two only are material. 1. Whether any improvement, made before the land on which it was made was purchased from the Indians, can vest any interest either in law or equity, unless connected with a special promise from the proprietaries or their agents. 2. Whether a warrant calling for an improvement made, can be supported by an improvement…
1Opinion of the Court
Tilghman C. J.
On the trial of this ejectment, the opinion of the Court of Common Pleas was asked on seven points' on the part of the defendant, who is plaintiff in error in ’this court. But our decision is requested on only two of those points, viz. the 1st and 5th.
The 1st question is whether any title, legal or equitable, could be acquired by a settlement made on lands before they were purchased by the late proprietaries from the Indians, without a special promise from the proprietaries to the settler. The opinion of the court below was that an equitable title might be acquired.
This is a…
2Cases cited2 opinions
- Lessee of Bonnet v. DevebaughSupreme Court of Pennsylvania · 1810
- Lessee of Kyle v. WhiteSupreme Court of Pennsylvania · 1808
3Cited by1 opinion
- White v. Kyle's LesseeSupreme Court of Pennsylvania · 1815