Barton v. Glasgo
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Common Pleas of Huntingdon county. In the court below, it was an action of ejectment, brought by William, P. C. Barton and others against John Glasgo. The dispute, which was about nine acres of land, was occasioned by an interference of the tracts held by the plaintiffs and the defendant.
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IN ERROR. Writ of error to the Common Pleas of Huntingdon county. In the court below, it was an action of ejectment, brought by William, P. C. Barton and others against John Glasgo. The dispute, which was about nine acres of land, was occasioned by an interference of the tracts held by the plaintiffs and the defendant. The plaintiffs claimed under a warrant for four hundred acres to Samuel Scott, the 1st of February, 1794, on which there was a survey of four hundred and thirty-three acres, one hundred and thirty-three perches, made the 24th of May, 1794, and returned the 29th of September,…
1Opinion of the Court
The opinion of the court was delivered by
TilghmAN, C. J.
The errors which have been assigned, may be reduced to three heads:—
1. The court instructed the jury, that if Hunter, under whom the defendant claims, was aetualty living on the land at the date of the plaintiffs’ warrant and survey, holding by actual settlement, it would repel any general presumption of abandonment, and that, in their opinion, the evidence did not establish a general abandonment of the defendant’s improvement. This is said to be an erroneous direction, but to me it appears clearly right. The defendant proved an actual…
2Cited by2 opinions
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- Schall v. MillerSupreme Court of Pennsylvania · 1838