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5 Watts 505

Smith v. Collins

Supreme Court of Pennsylvania

Decided October 15, 1836

Supreme Court of Pennsylvania · decided 1836-10-15

Sarah Collins against Robert'Smith. This ejectment was instituted to recover the possession of three hundred and thirteen acres and one perch of land. The plaintiff gave in evidence, a patent granted by the Commonwealth to Stephen Lowrey, dated the 24th of June 1808, and it was admitted that Stephen Lowrey, by his last will and testament divided this tract of land, amongst others, to the plaintiff. . The land described in the patent is the same on which the defendant resides.

Decided 1836-10-15

Per. Curiam.

¶1The principles of this case have been settled in Barnes v. Irvine, at the present term. The only imaginable difference between the two cases is, that the plaintiff here founds her title on a prevention patent, which gives no more title than was conferred by the warrant. But had she not her warrant also? Granting that it was not given in evidence, and we have the facts but from the charge, the recitals on the patent were competent evidence of it against the commonwealth, or one claiming title from her subsequently. The supposed error, therefore, was immaterial.

¶2Judgment affirmed.

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