Pfoutz v. Steel
Supreme Court of Pennsylvania
ERROR to the common pleas of Tioga county. Ejectment by Leonard Pfoutz against Robert Steel, for a tract of ten acres of land. The plaintiff’s title was a warrant, in his own name, of the 11th of February 1831, and a survey of the 24th of March 1831. The defendant’s title was founded upon an actual settlement and residence on the land by John S. M’Kinley, as whose heir at law he claimed the land.
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ERROR to the common pleas of Tioga county. Ejectment by Leonard Pfoutz against Robert Steel, for a tract of ten acres of land. The plaintiff’s title was a warrant, in his own name, of the 11th of February 1831, and a survey of the 24th of March 1831. The defendant’s title was founded upon an actual settlement and residence on the land by John S. M’Kinley, as whose heir at law he claimed the land. M’Kinley died in 1818, and the defendant had the possession of the land until 1821, by himself and his tenants: from that time until the date of the plaintiff’s warrant there was no person in the…
1Opinion of the Court
The opinion of the Gourt was delivered by
Kennedy, J.
This action was instituted to recover the possession of ten acres of land. On the trial of the cause in the common pleas, the plaintiff, in order to sustain his action, gave in evidence a warrant in his own name, bearing date the llt.h day of February 1831, for ten acres, and describing accurately the land in question ; and a survey made thereon on the 24th of March 1831. The defendant then attempted to establish a pre-emption right to the land by showing that in 1816 a John S. M’Kinley, a sister’s son of the defendant, erected a small log…
2Cases cited4 opinions
- Cluggage v. Lessee of DuncanSupreme Court of Pennsylvania · 1814
- Lessee of Magens v. SmithSupreme Court of Pennsylvania · 1811
- Lessee of Sturgeon v. WaughSupreme Court of Pennsylvania · 1799
- Watson v. GildaySupreme Court of Pennsylvania · 1824
3Cited by1 opinion
- Jacobs v. FigardSupreme Court of Pennsylvania · 1855