Lessee of De Haas v. Galbreath
Supreme Court of Pennsylvania
Ejectment for 330 acres pf land in Mahoning township. The plaintiff’s title was as follows : Application in the namebf John M’Gally for 300 acres, adjoining the path from Mahoning to Muncey creek, eastward of the said path, on the branches of Chillesquaqui, including a bog meadow, entered 3d April 1709, No. 712, indorsed “ Richard Peters, jun. ” Survey thereon of. 330 acres and allowance, by William Scull, deputy surveyor, on the loth May 1771, which was brought into the…
Read the full summary
Ejectment for 330 acres pf land in Mahoning township. The plaintiff’s title was as follows : Application in the namebf John M’Gally for 300 acres, adjoining the path from Mahoning to Muncey creek, eastward of the said path, on the branches of Chillesquaqui, including a bog meadow, entered 3d April 1709, No. 712, indorsed “ Richard Peters, jun. ” Survey thereon of. 330 acres and allowance, by William Scull, deputy surveyor, on the loth May 1771, which was brought into the surveyor general’s office on the 3d July 1771, and Scull charged with 5s. 6d. thereon. Receiver general’s receipt for 3 Ql.…
1Opinion of the Court
By the court.
The grounds of decision on which the board proceeded between these parties, were certainly just and conscientious, and would be sanctioned by a court of justice. The late proprietaries having intended to put the adventurers in the lottery on an equal footing, the taking of a double chance for the same lands by any individual, did not correspond with fair dealing. It may be resembled to a person’s putting in two votes at an election, whereby both tickets are thrown away. But the secretary or receiver general’s assertion on finding of the fact, that De Haas put in two locations for…
2Cited by2 opinions
- Norris v. MonenSupreme Court of Pennsylvania · 1835
- Manhattan Coal Co. v. GreenSupreme Court of Pennsylvania · 1873