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Reports of Cases Argued and Determined in the Supreme Court of Pennsylvania, Vol. 3




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Hersteller:Forgotten Books (Watts, Frederick)
Stand:2015-08-04 03:50:33

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Excerpt from Reports of Cases Argued and Determined in the Supreme Court of Pennsylvania, Vol. 3: September 1834 to May 1835 In ejectment for land west of the Allegheny river, where a period of thirty years has elapsed, the agency of an assistant to the deputy surveyor of the district may be inferred from circumstances proved. Proof of his formal appointment by writing or by parol is not indispensably necessary. Where it is first proved by witnesses, who were present on the ground, that a survey was made by a person reputed to be an assistant to the deputy surveyor; a draft of the survey purporting to be made out by such assistant, and found, after the decease both of himself and the deputy surveyor, amongst other official papers in the deputy surveyor´s office, would be admissible evidence of the survey. So also is a copy, made out by a subsequent deputy surveyor, where the non-production of such original draft has been satisfactorily accounted for. Whether a survey was or was not made, and also whether there has been an abandonment under the act of the 3d of April 1792, are questions of fact to be decided by the jury. Continuity of personal resident settlement on land lying west of the Alleghany river, beyond the term of five years, is not necessary in order to preserve the right of an actual settler. Writ of error to the court of common pleas of Alleghany county. This was an action of ejectment, brought in the court below to November term 1819, by the defendants in error, to recover the possession of three hundred acres of land, situate in Pine township on the head waters of Pine creek west of the Alleghany river. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


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