Lessee of M'Teer v. Buttorff
Supreme Court of Pennsylvania
Ejectment for 226 acres, 148 perches of land, in East Penns-bro’ township. The legal titles on both sides were as follow : The plaintiff claimed under a warrant to William M'Teer, the father of the lessors, dated 7th September 1753, for 100 acres, including his improvement adjoining John M'Clellan and Adam *Calhoon, in East Pennsbro’ township; the said William, having paid on the 1st August 1753, to John Armstrong, *• ^OI deputy surveyor,'5I. to take out the warrant.
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Ejectment for 226 acres, 148 perches of land, in East Penns-bro’ township. The legal titles on both sides were as follow : The plaintiff claimed under a warrant to William M'Teer, the father of the lessors, dated 7th September 1753, for 100 acres, including his improvement adjoining John M'Clellan and Adam *Calhoon, in East Pennsbro’ township; the said William, having paid on the 1st August 1753, to John Armstrong, *• ^OI deputy surveyor,'5I. to take out the warrant. On the 29th June 1767, the said William M'Teer entered an application for 100 acres, bounded by Samuel Huston, Adam Cal-hoon,…
1Opinion of the CourtYeates, J.
delivered the charge to the jury.
It is agreed, that the plaintiff’s legal title has the priority; but the conflicting rights are grounded on the improvement claim of pre-emption of James Sharron, which will greatly influence the relative titles.
*It-has not been established, that it was agreed be- p* tween the counsel in the two suits, that the surviving 13 5 administrator should apply to the Orphan’s Court for an order of sale to complete the title. If that fact had been ascertained, it would have been incumbent on the heirs of William M'Teei to have bid in the land, or to have raised it so…
2Cases cited1 opinion
- Zubler v. SchrackSupreme Court of Pennsylvania · 1863
3Cited by1 opinion
- Zubler v. SchrackSupreme Court of Pennsylvania · 1863