Wilson v. Altemus
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Indiana county. This was an action of ejectment by Joseph Wilson against William Altemus, for 193 acres of land.
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ERROR to the Common Pleas of Indiana county. This was an action of ejectment by Joseph Wilson against William Altemus, for 193 acres of land. The plaintiff gave in evidence that there was an actual settlement made upon the land by Thomas Pettigrew in 1805; a transfer of it by Pettigrew to John Wakefield, in 1809, to whom a warrant was granted in 1816; a survey made in 1817. Deed from Wakefield to the plaintiff in 1829, to whom a patent was granted 20th of April 1838. The defendant, to support his title, gave in evidence a warrant to Adam Altemus, of the 26th of September 1816, calling for…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The plaintiff claims under Wakefield. Both parties claimed by improvement rights. The defendant sets up as a bar the decision of the Board of Property in his favour, on the 7th of February 1817, on a caveat in Wakefield v. Altemus, alleging that no suit had been brought within six months by the other party. The plaintiff contends that the evidence offered by him in the court below, exempted him from the bar of the 11th section of the Act of 3d of April 1792. By that section, when any caveat is determined by the Board of Property, the patent…
2Cases cited1 opinion
- Shoenburger v. BechtSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- Underwood v. UnderwoodSupreme Court of Georgia · 1914
- Schoch v. American International Corp.Supreme Court of Pennsylvania · 1926