Werdman v. Felmly
Supreme Court of Pennsylvania
IN ERROR. ERROR to Centre County. It was'an ejectment by Werdman, to recover a tract of land which he claimed under the following title. On the 29th of June 1772, a warrant issued in the name of Robert Mackey for 50 acres of land • ^ . adjoining the proprietaries’ survey, Reuben Haines and the Nittany mountain, in\Penn’s creek valley.
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IN ERROR. ERROR to Centre County. It was'an ejectment by Werdman, to recover a tract of land which he claimed under the following title. On the 29th of June 1772, a warrant issued in the name of Robert Mackey for 50 acres of land • ^ . adjoining the proprietaries’ survey, Reuben Haines and the Nittany mountain, in\Penn’s creek valley. A survey was made on this warrant 15th June 1774, of 7 7 Ay acres, by William , 1 , . . . r Mac lay, deputy surveyor, which by the return ot survey, adjoined the proprietaries’ survey on the south, John Cummins on the west, and Janet Sharon on the east. .The…
1Opinion of the Court
Tilghman C. J.
having stated the title, the arguments of the counsel, and the Court’s charge, delivered his opinion as follows:
It appears very clearly to me, that the charge delivered to the jury was? right, and that the principle contended for by the plaintiff cannot be supported. The instructions from the proprietaries to the deputy surveyor, were that not more than ten per cent, surplus (exclusive of six per cent, for roads, &c.) should be returned on any warrant. Maclay therefore would have broken his Instructions, if he had returned ISO acres on Mackey’s warrant for SO acres, or 400 acres…
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