Blair v. M'Kee
Supreme Court of Pennsylvania
IN ERROR. WRIT of error to the Common Pleas of Westmoreland county, in which Court, Hugh Blair, the plaintiff below, , V . brought an ejectment to recover a tract or land, the title to which he claimed under a warrant to James Blair, his brother, dated 11th January, 1790, for S60 acres, including an improvement on the south. side of Kiskaminetas, adjoining David MiKee, John McConnell, George Hutchinson, and James Chambers, in Washington ■ township; interest from lst March,…
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IN ERROR. WRIT of error to the Common Pleas of Westmoreland county, in which Court, Hugh Blair, the plaintiff below, , V . brought an ejectment to recover a tract or land, the title to which he claimed under a warrant to James Blair, his brother, dated 11th January, 1790, for S60 acres, including an improvement on the south. side of Kiskaminetas, adjoining David MiKee, John McConnell, George Hutchinson, and James Chambers, in Washington ■ township; interest from lst March, 1715. On this warrant, a survey was made for the plaintiff, on the 30th of March, 1792, by John Parker, the assistant…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
The right of the plaintiff to a survey of 695 acres, on his warrant, (including his improvement made in 1775,) of 360 acres, which survey remains unreturned against *202the defendants’ subsequent warrant, survey, and possession, can never be supported. The commissioners of property under the proprietaries of the province, although bound by certain established usages and instructions, where there-were conflicting rights, might depart from them in the acceptance of a survey containing a surplus, where there w as no intervening claim. It was only a…
2Cases cited2 opinions
- Caufman v. Presbyterian Congregation of Cedar SpringSupreme Court of Pennsylvania · 1813
- Lessee of Davis v. KeeferSupreme Court of Pennsylvania · 1811
3Cited by4 opinions
- Ruggles v. GailySupreme Court of Pennsylvania · 1828
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Beeson v. HutchisonSupreme Court of Pennsylvania · 1835
- Schall v. MillerSupreme Court of Pennsylvania · 1838