Riddlesburg Iron & Coal Co. v. Rogers
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bedford county: No. 28, to May Term 1870. This was an action of ejectment for 11 acres of land, commenced, December 14th 1864, by William Rogers against The Riddlesburg Coal and Iron Company. The plaintiff claimed under a warrant to himself, dated November 30th 1854, and survey January 3d 1855, returned February 1st 1855, for 11 acres and 42 perches.
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Error to the Court of Common Pleas of Bedford county: No. 28, to May Term 1870. This was an action of ejectment for 11 acres of land, commenced, December 14th 1864, by William Rogers against The Riddlesburg Coal and Iron Company. The plaintiff claimed under a warrant to himself, dated November 30th 1854, and survey January 3d 1855, returned February 1st 1855, for 11 acres and 42 perches. The defendants claimed under a warrant, March 13th 1794, to Francis Mowing; survey April 25th for 380 acres and 147 perches. Deed December 23d 1807, Mowing to Samuel Riddle, and patent to Riddle February 9th…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Thompson, C. J.
I see not how a reversal of the judgment in this case is to be avoided, on account of the charge of the court in answer to the plaintiff’s 3d point. The point was, “ that while the marks on the ground, as a general rule, constitute the true survey, such marks must be in accordance with the bearings as near as may be, of the survey returned into the land office, and have some resemblance thereto.” This the court affirmed without qualification.
This answer is in discord with the answers to the 2d and 4th points of the…
2Cited by8 opinions
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- Staub v. HamptonTennessee Supreme Court · 1906
- Quartz v. PittsburghSupreme Court of Pennsylvania · 1940
- Chitwood v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1920
- Jander v. Joule, Pennsylvania Court of Common Pleas, Delaware County1935
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