Legal Opinion

Duer v. Boyd

Supreme Court of Pennsylvania

Decided December 31, 1814PublishedCited by 6 opinions

In Error. THIS was an ejectment in the Common Pleas of Chester county, where a case was stated for the opinion of the court, upon which judgment was to be rendered as upon a' special verdict. It was in substance as follows ; On the 29th October, 1747, James Sharp obtained a warrant for 200 acres of land in Sadbury township, Chester county, on account of which he paid at the time, ten pounds, into the office of the receiver general.

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In Error. THIS was an ejectment in the Common Pleas of Chester county, where a case was stated for the opinion of the court, upon which judgment was to be rendered as upon a' special verdict. It was in substance as follows ; On the 29th October, 1747, James Sharp obtained a warrant for 200 acres of land in Sadbury township, Chester county, on account of which he paid at the time, ten pounds, into the office of the receiver general. Upon this warrant 400 acres were surveyed; and the survey was returned on the 3d May, 1751. On the 14th February, 1777, James Sharp made his will. He died some…

1Opinion of the Court

The following opinions were delivered by the court.

Tilghman C. J.

In the argument of this case four poiiits have been made.

1. What estate passed to Joseph Sharp by the devise in the will of James Sharp?

2. Can an entail be created by the law of Pennsylvania, in land held by warrant and survey without patent ?

3. What was the effect of the patent granted to John Boyd?

4. Was the award of the arbitrators in the former action conclusive of the title ?

1. The first devise to Joseph Sharp is a clear estate tail; " to have and to hold, to him and the heirs of his body law- “ fully begotten, or to be…

2Cases cited1 opinion

  1. Lessee of Burkart v. BucherSupreme Court of Pennsylvania · 1810

3Cited by6 opinions

  1. Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
  2. Oyster v. BellasSupreme Court of Pennsylvania · 1834
  3. Ross v. BarkerSupreme Court of Pennsylvania · 1836
  4. Davis v. HavardSupreme Court of Pennsylvania · 1827
  5. D.L. Bussard v. PA DCNR (State Board of Property)Commonwealth Court of Pennsylvania · 2022

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