Heath v. Knapp
Supreme Court of Pennsylvania
ERROR to the common pleas of Jefferson county. Elijah Heath against Joshua Knapp and others. Ejectment for 1634 acres of land.
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ERROR to the common pleas of Jefferson county. Elijah Heath against Joshua Knapp and others. Ejectment for 1634 acres of land. The plaintiff gave in evidence two warrants to Robert Morris, dated March 5, 1795, for 1000 acres of land each, and a survey on one of 1025 acres, 112 perches, to Alexander W. Foster, in right of Robert Morris, made August 26, 1820, returned and accepted January 30, 1822. A survey upon the other made August 26, 1820, to Hugh Brady, in right of Robert Morris, returned and accepted February 20,1821. Will of Robert Morris, dated June 13,1804; proved May 29, 1S06,…
1Per curiam
Before survey-made, such a warrant gives no interest in land: and if it did, the land could be sold only in the county. What then is the nature of such a warrant, or of the right conferred by it? It is a mere license-authority to do a particular thing for the warrantee’s benefit: it is an order to perform an act which may give him an estate in land, but in the mean time it is no more than a thing in action; and though equity might execute an agreement to transfer it, it is not assignable at law. Now at common law, a thing in action could not be seized in execution; and it will scarcely be…
2Cited by4 opinions
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Kinter v. JenksSupreme Court of Pennsylvania · 1863
- Fisher's AppealSupreme Court of Pennsylvania · 1859
- Hughes v. StevensSupreme Court of Pennsylvania · 1862