Burns v. Swift
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Mifflin county, in ejectment. cited, 2 Smith's Laws, 160, 161, 162. 164. 179. Cox v. Ewing,(a) Pig v. Neville.(b) Edie v. Falkner.(c) Holmes v. Hay.(d) 5 Binn. 77. 1 Johns. 158. 2 Johns. 234. 10 Johns. 477. Davis v. Beaty.(e) 1 Harr. & M'Henry, 151. 1 Bay. 30. 4 Dall. 403.
1Opinion of the Court
Tilghman C. J.
John W. Swift and others, the plaintiffs below, claimed under an application in the name of Samuel Cadwallader Morris, dated 1st August, 1766, for 200 acres of land, on which a survey of 213 acres and 8-10ths of an acre, was made on the 27th June, 1767, and returned March 10, 1768. The land lies in Kiskacoquillas settlement, west of the river Susquehanna, and has not been patented. The defendant claims under an application in the name of Thomas Evans, dated 17th August, 1767, “for 300 acres, including a “ small improvement adjoining John Cox and John M'Gee, “ on Ferguson’s run,…
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