Lessee of Bell v. Levers
Supreme Court of Pennsylvania
Ejectment for seven tracts of land on Leekawaxen creek, in Upper Smithfield township, containing 2100 acres. The plaintiff founded his pretensions on an application made by John Seely, date September 6th 1766, for 300 acres of land on Lackawack, adjoining Jonas Seely, and a survey thereon said to have been made by the said “John Seely, on the 21st July “ 1772, of 297 acres 28 perches, and returned by him by order “of James Scull, D. S.” — Also, on the following four…
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Ejectment for seven tracts of land on Leekawaxen creek, in Upper Smithfield township, containing 2100 acres. The plaintiff founded his pretensions on an application made by John Seely, date September 6th 1766, for 300 acres of land on Lackawack, adjoining Jonas Seely, and a survey thereon said to have been made by the said “John Seely, on the 21st July “ 1772, of 297 acres 28 perches, and returned by him by order “of James Scull, D. S.” — Also, on the following four warrants, dated 29th November 1774; one to Robert Towers, for 300 acres, adjoining John Seely to the north of his tract, about…
1Opinion of the Court
Sed per cur.
The letter is good ptima facie evidence and may be read. Its legal operation, however, may be fairly questioned, and it may be repelled by other proof.
After a full argument by Messrs. W. Tilghman, Biddle and Condy, for the defendant, and by Messrs. Ingersoll and Hopkin-son for the plaintiff, the Chief Justice observed in substance to the jury, that the authority of John Seely to make the surveys on the defendant’s applications, should not be too nicely scrutinized after so great a lapse of time as 27 years. He publickly acted as the assistant of James Scull, and might not have…
2Cited by1 opinion
- Burchfield v. M'CauleySupreme Court of Pennsylvania · 1834