Reports of Cases Adjudged in the Supreme Court of Pennsylvania volume 12
Reports of Cases Adjudged in the Supreme Court of Pennsylvania volume 12
Pennsylvania Supreme Court
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The presumption is, that the warrant issued the day it bears date, and that the survey was made the day it purports to have been made. The fact of the certificate, for the payment of the purchase money, bearing date after the date of the survey, does not in law defeat the plaintiffs' right to recover. It is well accounted for, by supposing the money paid, was credited in the usual way to the no- minal warrantee, and this was afterwards procured by William Barton to supply the place of a deed po...ll. " Shippen, for the plaintiffs in error. M l Mullen, for the defendant in error. The opinion of the court was delivered by TILGHMAN, C. J. The errors which have been assigned, may be reduced to three heads: I. The court instructed the jury, that if Hunter, under whom, the defendant claims, was actually living on the land at the date of the plaintiffs' warrant and survey, holding by actual settlement, it would repel any general presumption of abandonment, and that, in their opinion, the evidence did not establish a general abandon- ment of the defendant's improvement.
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