Lessee of Holmes v. Hay
Supreme Court of Pennsylvania
EjecxmeNT for 300 acres of land in Bedford township. The plaintiff claimed under a warrant to Thomas Nelson, dated ist July 1762, for 200 acres, including an improvement made by his father, Joseph Nelson, at a place called the Shaw-anese Cabin, on the great road, about eight miles westward from Bedford, Nelson brought an ejectment against the now defendant, for these lands in Cumberland county, to October term 1762, in which a rule was obtained for the tenant to appear, and…
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EjecxmeNT for 300 acres of land in Bedford township. The plaintiff claimed under a warrant to Thomas Nelson, dated ist July 1762, for 200 acres, including an improvement made by his father, Joseph Nelson, at a place called the Shaw-anese Cabin, on the great road, about eight miles westward from Bedford, Nelson brought an ejectment against the now defendant, for these lands in Cumberland county, to October term 1762, in which a rule was obtained for the tenant to appear, and plead in 20 days, or judgment against the actual ejector. No judgment was entered thereon; but a writ of possession was…
1Opinion of the CourtYeates, J.
The matter must be judged of under the offer of the parol evidence, and the exception taken thereto. The improvements are said to have been made on distinct contiguous tracts, by a man without children. The defendant’s application in November 1766 is very minute and particular. It designates Thompson and Nelson as abounding thereon, and it includes the defendant’s house and other improvements generally, without restriction. It therefore excludes the tract in controversy. Is not then the defendant concluded under such circumstances, by the lines he has himself established ? If he is so bound,…
2Cited by1 opinion
- McMutrie v. McCormickSupreme Court of Pennsylvania · 1832