Penn v. Preston
Supreme Court of Pennsylvania
Writ of error to the Court of Common Pleas of Wayne county. The record, which was very Voluminous, presented ,in'substance the following case: . . Before the revolution, the than proprietaries, by warrant and survey, had appropriated, as part of their proprietary tenths, a tract of land, containing two thousand two hundred and twenty-two acres, on the river Delaware, including the mouth of Equinunk creek, and called and known by the name of the Equinunk manor.
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Writ of error to the Court of Common Pleas of Wayne county. The record, which was very Voluminous, presented ,in'substance the following case: . . Before the revolution, the than proprietaries, by warrant and survey, had appropriated, as part of their proprietary tenths, a tract of land, containing two thousand two hundred and twenty-two acres, on the river Delaware, including the mouth of Equinunk creek, and called and known by the name of the Equinunk manor. This land appeared to have been occupied^ and' the tillable parts of it cultivated by Preston, the defendant, or by those holding…
1Opinion of the Court
The opinion of the court was delivered by-
Tod, J.
— The court below, decided rightly, Í think, that the words, “intended to be recorded,” imply a covenant on the part of the grantors, to procure the letter of attorney to be recorded in a reasonable time. But was the recording in the office at Philadelphia sufficient? I think not, unless there was in the city or county of Philadelphia, real estate of the grantors to be affected by the power. Leazure v. Hillegas, 7 Serg. & Rawle, 313, and M'Keen v. Delancy, 5 Cra. 22, shpw, that a copy of a deed is evidence, when taken from the recorder’s office…
2Cases cited3 opinions
- McKeen v. Delancy's LesseeSupreme Court of the United States · 1809
- Leazure v. HillegasSupreme Court of Pennsylvania · 1821
- Weidman v. KohrSupreme Court of Pennsylvania · 1825
3Cited by15 opinions
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- United States v. GuardadoCourt of Appeals for the Tenth Circuit · 2012
- Waslee v. RossmanSupreme Court of Pennsylvania · 1911
- Brooks v. BruynIllinois Supreme Court · 1857
- Roncace v. Welsh (Yurkovsky)Superior Court of Pennsylvania · 1940
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