Dailey v. Avery
Supreme Court of Pennsylvania
In ERROR. WRIT of error to the Court of Common Pleas of Luzerne C0Unty* Cyrus Avery, the plaintiff below,'claimed title to the for which this ejectment was brought under Zebulon Marcey, ■who, on an application for 300 acres, obtained a certificate for ’ r , • • , „ . „ 337 acres from the commissioners appointed to carry into effect the act of assembly, entitled, ‘‘ An act for offering compensation to the Pennsylvania claimants of certain lands within the seventeen townships…
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In ERROR. WRIT of error to the Court of Common Pleas of Luzerne C0Unty* Cyrus Avery, the plaintiff below,'claimed title to the for which this ejectment was brought under Zebulon Marcey, ■who, on an application for 300 acres, obtained a certificate for ’ r , • • , „ . „ 337 acres from the commissioners appointed to carry into effect the act of assembly, entitled, ‘‘ An act for offering compensation to the Pennsylvania claimants of certain lands within the seventeen townships of Luzerne,” &c. passed on the 4th April, 1799, and its. supplements, passed the 15th March, 1800, and 6th April, 1803.…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
Both plaintiff and defendant claimed as Connecticut settlers ; and .the question is, whether, between them, the certificate of the commissioners is conclusive evidence of title. In construing the acts of assembly under which the commissioners acted, the Court will take notice of certain matters of public notoriety, which led to the making of these acts. In the latter end of the year 1768, or bé*286ginning of 1769, a number of persons from Connecticut entered into the state of Pennsylvania, claiming, by virtue of a deed from the Indians,…
2Cited by2 opinions
- Bird v. SmithSupreme Court of Pennsylvania · 1839
- Satterlee v. MatthewsonSupreme Court of Pennsylvania · 1835