Legal Opinion

Sweigart v. Richards

Supreme Court of Pennsylvania

Decided July 3, 1848PublishedCited by 7 opinions

In error from the Common Pleas of Dauphin county. This was an ejectment to recover about forty acres of land which the plaintiff, Richards, alleged was included within the lines of a survey made on his ancestor’s warrant; and the main question was on the admission of certain evidence to establish the existence of the lines marked on the land.

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In error from the Common Pleas of Dauphin county. This was an ejectment to recover about forty acres of land which the plaintiff, Richards, alleged was included within the lines of a survey made on his ancestor’s warrant; and the main question was on the admission of certain evidence to establish the existence of the lines marked on the land. The plaintiff claimed under a warrant issued in 1774, and surveyed by Galbraith, and returned in 1775. At the same time two tracts adjoining on either side were surveyed and returned. The northern, eastern, and western lines were found marked on the…

1Opinion of the CourtCoulter, J.

The first error assigned is in admitting the evidence contained in defendant’s bill of exceptions. The evidence is a connected draft of a number of surveys, purporting to have been made by Bartram Galbraith, deputy-surveyor of the district, and the field-notes of the said surveys, and a large number of warrants on which the surveys were made.

It was proved that-these field-notes and the draft had been produced before the board of property, as evidence in a controversy between the heirs of Galbraith and Thomas Elder, and afterwards returned to Adams Eisher, Esq., counsel for Galbraith’s heirs,…

2Cases cited2 opinions

  1. Nieman v. WardSupreme Court of Pennsylvania · 1841
  2. M'Cormick v. M'MurtrieSupreme Court of Pennsylvania · 1835

3Cited by7 opinions

  1. Shannon v. CastnerSuperior Court of Pennsylvania · 1902
  2. Mineral Railroad & Mining Co. v. AutenSupreme Court of Pennsylvania · 1898
  3. Dutch Corner Historical Society v. StahlCommonwealth Court of Pennsylvania · 2013
  4. Tyrone M. & M. Co. v. Cross, Pennsylvania Court of Common Pleas, Centre County1889
  5. Dutch Corner Historical Society v. StahlCommonwealth Court of Pennsylvania · 2013

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