Legal Opinion

Farmers' & Mechanics' Bank v. Woods

Supreme Court of Pennsylvania

Decided May 15, 1849Published

Error to the Common Pleas of Cumberland. June 11. This was an action of trespass quare clausum fregit, in which the bank was plaintiff, and Samuel Woods, Sr., was defendant. The declaration was in the usual form, and to it the defendant pleaded liberum tenementum. Hereupon the plaintiff made a new assignment, setting out the locus in quo specially, as constituting a part of a certain survey, known as the Moses Eoulk survey.

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Error to the Common Pleas of Cumberland. June 11. This was an action of trespass quare clausum fregit, in which the bank was plaintiff, and Samuel Woods, Sr., was defendant. The declaration was in the usual form, and to it the defendant pleaded liberum tenementum. Hereupon the plaintiff made a new assignment, setting out the locus in quo specially, as constituting a part of a certain survey, known as the Moses Eoulk survey. To this the defendant replied not guilty, and issue. The plaintiff produced the following evidence. Warrant to Moses Eoulk, 4 March, 1766, for 400 acres and improvement.…

1Opinion of the Court

The opinion of this court was delivered by

Bell, J.

An asserted right to lands resting in settlement alone, has been justly called jus vagim; a mere claim to favour : Howard v. Pollock, 1 Y. 512; Bonnet v. Devebaugh, 3 B. 187. In Smith v. Oliver, 11 S. & E. 266, it was denominated a mere equity, and in Brentlinger v. Hutchinson, 1 W. 46, the late Justice Kennedy, whose knowledge of our land law was intimate and accurate, observed, that though recognised, the legislature never intended that settlement rights should be placed on the same footing with titles held under locations, or warrants and…

2Cases cited7 opinions

  1. Broadhead v. McConnellNew York Supreme Court · 1848
  2. Lessee of Hubley v. WhiteSupreme Court of Pennsylvania · 1796
  3. Vaughn v. ElyNew York Supreme Court · 1848
  4. Miller v. CressonSupreme Court of Pennsylvania · 1843
  5. Lessee of Smith v. BrownSupreme Court of Pennsylvania · 1795

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