Lessee of Galloway v. Ogle
Supreme Court of Pennsylvania
T I ’hiIS was an appeal from the decision of Judge Bracken-JL ridge at a Circuit Court for Dauphin. It was an ejectment for a tract of land, under the following circumstances: The plaintiff claimed under a warrant to David MiNair for 100 acres, dated the 23d of August 1742, upon which a survey of 398 acres and a half was made in October 1743, as appeared by the notes of the deputy survey°r, although the survey was not returned.
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T I ’hiIS was an appeal from the decision of Judge Bracken-JL ridge at a Circuit Court for Dauphin. It was an ejectment for a tract of land, under the following circumstances: The plaintiff claimed under a warrant to David MiNair for 100 acres, dated the 23d of August 1742, upon which a survey of 398 acres and a half was made in October 1743, as appeared by the notes of the deputy survey°r, although the survey was not returned. This survey was claimed by Thomas Cookson, who by his will dated the 15th of March 1753, devised his estate to his wife and children. Galloway, the lessor of the…
1Opinion of the Court
Tilghman C. J.,
after stating the facts, delivered his opinion as follows:
The title of Cookson having been regularly deduced to Galloway, there was nothing to prevent his recovery but the want of a conveyance from' David M’Nair the original warrantee to Cookson. But there was no evidence of any claim under M’Nair adverse to Cookson, being set up, till the year 1784; nor was there any evidence (except the recital in Ogle's patent) that the title set up in 1784 was legally deduced from David M’Nair. The recital in that patent, although conclusive between the commonwealth and the patentee, has no…
2Cases cited1 opinion
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1806
3Cited by17 opinions
- Caufman v. Presbyterian Congregation of Cedar SpringSupreme Court of Pennsylvania · 1813
- Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867
- Marvel v. OrtlipCourt of Chancery of Delaware · 1866
- Warner Bros. Theatres, Inc. v. ProffittSupreme Court of Pennsylvania · 1938
- Dougherty v. WelshansSupreme Court of Pennsylvania · 1911
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