Lessee of M'Rhea v. Plummer
Supreme Court of Pennsylvania
THIS was an appeal from the decision of Yeates J. at a Circuit Court far Beaver county in September 1806. It was an ejectment for a tract of land lying north &c. of the Ohio, taken up under the act of 3d April 1792. The warrant to the plaintiff was dated the 14th April 1792, for four hundred acres of land “ adjoining land this day granted to James “ 3D Rhea.”
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THIS was an appeal from the decision of Yeates J. at a Circuit Court far Beaver county in September 1806. It was an ejectment for a tract of land lying north &c. of the Ohio, taken up under the act of 3d April 1792. The warrant to the plaintiff was dated the 14th April 1792, for four hundred acres of land “ adjoining land this day granted to James “ 3D Rhea.” This warrant, together with twenty-one others, the property of the Population company, was delivered by their agent John Hope to Jonathan Leet deputy surveyor, who entered them in his official book. The tract of country on which these…
1Opinion of the Court
Tilghman C. J.
after stating the facts, proceeded as follows. It was objected at the trial that the survey of the land in question was void, having been made before the warrant came to the hands of the deputy surveyor. Judge Teates was of opinion that under the circumstances of this case the survey was not void; and that is the point now to be decided.
As it is admitted that the commonwealth received the full price of the land, that there has been at some time an accurate survey marked on the ground, and that when the appropriation was made for the plaintiff, there was no settler on the land,…
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