Wharton v. Garvin
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an ejectment by William Wharton against Martin Grarvin, for a narrow strip of land lying along the Allegheny river, in Allegheny township, containing ten acres, more or less.
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Error to the Common Pleas of Westmoreland county. This was an ejectment by William Wharton against Martin Grarvin, for a narrow strip of land lying along the Allegheny river, in Allegheny township, containing ten acres, more or less. The plaintiff claimed title under a warrant to William Wharton, his ancestor, for 300 acres of land, dated the 1st July 1776 ; on which a survey of 317 acres 46 perches was made, on the 11th November 1776; and a patent was issued, dated the 18th June 1841. ■ The question was, whether or not the lines of this survey ran to the Allegheny river. The north and south…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
We have a very unsatisfactory report of the evidence in this case, and no draft of adjoining surveys, or of the supposed interfering survey. A full and accurate presentation in these particulars, would have been valuable aids in this examination. As we have them, however, only in deficient form, we must dispose of the question raised by the best lights in our possession.
The learned judge of the Common Pleas charged the jury, as a matter of law, that from the face of the warrant, survey, and patent, the lines of the Wharton survey did not go…
2Cases cited1 opinion
- Kelly v. GrahamSupreme Court of Pennsylvania · 1839
3Cited by8 opinions
- Ransberry v. Brodhead's Forest & Stream Ass'nSupreme Court of Pennsylvania · 1934
- Grier v. Penna. Coal Co., Pennsylvania Court of Common Pleas, Lackawanna County1889
- LOSEE Et Ux. v. JONES Et Ux.Utah Supreme Court · 1951
- Detwiler v. ColdrenSuperior Court of Pennsylvania · 1930
- Ferguson v. Bloom, Pennsylvania Court of Common Pleas, Clearfield County1891
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