Lessee of Plumsted v. Rudebagh
Supreme Court of Pennsylvania
Ejectment for 3011^ acres of land in Huntingdon township. moved that the proceedings should be staid in this action, until the costs of a former suit brought by the lessee of Bernard Gratz against the now defendant, to July term 1783, should be paid, a non pros, having been entered therein December 1791. He suggested, that both plaintiffs claimed the premises in question, under the same title. asserted the titles to be different and for other lands, and that they had not any…
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Ejectment for 3011^ acres of land in Huntingdon township. moved that the proceedings should be staid in this action, until the costs of a former suit brought by the lessee of Bernard Gratz against the now defendant, to July term 1783, should be paid, a non pros, having been entered therein December 1791. He suggested, that both plaintiffs claimed the premises in question, under the same title. asserted the titles to be different and for other lands, and that they had not any connection whatever. And per mr. This application, if well founded, should have been made in bank. We cannot receive it…
1Per curiam
The defendant rests on this, that Mr. Franks has been guilty of a false suggestion. But there is no assertion in the location, that the improvement was made by him, and therefore the ground-work of the objection fails. Yet suppose it to be otherwise, and still more, that the military permit issued in favour of Christopher Rudebagh, (which is highly improbable, under the statements of both parties,) *504how can the parol evidence affect the present question of right? In 1761, the soil belonged to the aborigines. Neither the act of assembly, nor the proclamation of 1768, gave the settlers before…
2Cited by5 opinions
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