Emery v. Spencer
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. This was an action of ejectment, brought in November, 1851, by Josiah Emery against Lyman Spencer and others, for about 150 acres of land. The plaintiff claimed under a warrant of 26th November, 1836, for 150 acres, adjoining the Strawbridge survey on the marsh on the north and east, J. Steele, No. 5982, on the west, James Wilson, No. 4202, on the south, and situated in Delmar township, in the county of Tioga.
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Error to the Common Pleas of Tioga county. This was an action of ejectment, brought in November, 1851, by Josiah Emery against Lyman Spencer and others, for about 150 acres of land. The plaintiff claimed under a warrant of 26th November, 1836, for 150 acres, adjoining the Strawbridge survey on the marsh on the north and east, J. Steele, No. 5982, on the west, James Wilson, No. 4202, on the south, and situated in Delmar township, in the county of Tioga. The purchase-money, $40, and office fees, and $4.50, were paid. The warrant was put into the hands of the deputy surveyor soon after it was…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
When it is said that a precisely descriptive warrant gives title from its date, and a vague one from the time of survey, the qualification is sometimes added and always to be understood, if it he followed up with reasonable diligence. Whether descriptive or vague, the warrant imposes on the holder the duty of having it surveyed and returned into the surveyor-general’s office in a reasonable time, and his supineness is punished by postponing him to a more diligent, though subsequent, claimant. How long he may lie by and delay his survey, or,…
2Cases cited4 opinions
- Reed v. DickeySupreme Court of Pennsylvania · 1834
- Brentlinger v. HutchinsonSupreme Court of Pennsylvania · 1832
- Zerbe v. SchallSupreme Court of Pennsylvania · 1835
- Steinmetz v. LoganSupreme Court of Pennsylvania · 1836
3Cited by4 opinions
- Fred E. Young, Inc. v. Brush Mountain Sportsmen's Ass'nSupreme Court of Pennsylvania · 1997
- Zeller v. American International Corp.Supreme Court of Pennsylvania · 1921
- Commonwealth, Department of Environmental Protection v. Espy, Pennsylvania Court of Common Pleas, Huntingdon County2007
- Commonwealth, Department of Environmental Protection v. Espy, Pennsylvania Court of Common Pleas, Huntingdon County2007