Barton v. Smith
Supreme Court of Pennsylvania
Error to the Common Pleas of Huntingdon county, in an ejectment brought in that court, by Elizabeth Barton and others, heirs of William Barton, against Jacob Smith, for a tract of land on the north branch of Little Juniata.
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Error to the Common Pleas of Huntingdon county, in an ejectment brought in that court, by Elizabeth Barton and others, heirs of William Barton, against Jacob Smith, for a tract of land on the north branch of Little Juniata. Jacob Smith took defence for so much thereof as was included in a survey made for him on the 24th of July, 1807, under a warrant dated February 23d, 1807. The plaintiff’s title was set up as follows: On the 1st of February, 1794, William Barton, Esq., their ancestor, took out a number of descriptive warrants, all of that date. Surveys were returned, purporting to have been…
1Opinion of the Court
The case was held under advisement until this day, when- the opinion of the court was delivered by
Rogers, J.
Two questions have been presented to the court, which have been argued with great zeal and earnestness: 1. Whether a survey, made before the warrant issues, be void; and, 2. Whether the payment of the purchase money to the commonwealth, where the warrant issued after the survey, the acceptance of the survey, and the order of the Board of Property of the'20th of April, 1795, validate the title of the plaintiffs. The plaintiffs claim the land by virtue of three warrants, bearing date…
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