Lessee of Hamilton v. M'Culloch
Pennsylvania Court of Common Pleas, Alleghany County
THIS was an ejectment for 306 acres in Versailles township, Allegheny county. shewed a warrant to James Hamilton, dated 16th July, 1787, for 300 acres of land, called the Whiteoak-Level, adjoining lands of the heirs of M’Kee, deceased; a survey on this warrant made 11th October, 1787, of 306 acres and 133 perches, and the allowance; and a patent dated 11th March, 1788. He then shewed a deed from the sheriff of Westmoreland county, (which then included the land) dated 2d…
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THIS was an ejectment for 306 acres in Versailles township, Allegheny county. shewed a warrant to James Hamilton, dated 16th July, 1787, for 300 acres of land, called the Whiteoak-Level, adjoining lands of the heirs of M’Kee, deceased; a survey on this warrant made 11th October, 1787, of 306 acres and 133 perches, and the allowance; and a patent dated 11th March, 1788. He then shewed a deed from the sheriff of Westmoreland county, (which then included the land) dated 2d August, 1785, to James Hamilton, for 300 acres of land sold for 53l. on an execution against James Thomson, joining lands…
1Opinion of the Court
President.
There is no evidence, that the disputed land was ever within the claim of Goban: it was always in the claim of Thomson. Goban might confine his claim within as narrow bounds as he pleased. He did confine himself, on the side next the Whiteoak-Level tract. What claims he might have, or how he might urge or dispute them, on any other side, or how much he might have sold to others, we know not. It seems he sold to M'Kee 60 or 70 acres, and never claimed any part of the Whiteoak-Level tract. Hamilton bought the only claim then known to it. He had a right to take out a warrant for it. He…
2Cited by2 opinions
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