Fothergill’s Lessee v. Stover

by Supreme Court of the United States

April Term, 1763.

 

William Alden, Chief Justice.

William Coleman, Justice.

The Lessee of Fothergill and others versus Christian Stover.

A Letter from James Steel, Receiver General and Secretary of the Land Office, to the Surveyor General’s Deputy in Chester County in these Words, “Friend Isaac Taylor, Philadelphia, 3d 2m 1719.—James Logan has agreed that the Bearer hereof William Willis shall have 500 Acres of Land at Conestogoe. Please to survey it to him and the Warrant shall be ready.—Thy loving Friend, James Steel,” offered to be given in Evidence as the Foundation of the Defendant’s Title. Objected, on the Part of the Plaintiff, that James Steel by his Order only, without a Warrant from the Proprietors or the Commissioners of Property, could not authorise the Location of Lands: And even supposing it to amount to an Order from James Logan himself, as he was only one of three Commissioners, such Order cannot be a sufficient Warrant.

But the Court said, that under these Sort of Orders from the Proprietor’s Officers, a great Part of the Province had been settled, and that for a general conveniency they had been heretofore allowed to be given in Evidence, and particularly in M’Dowall’s Case. In that Case, last April Term, a Letter from Richard Peters Secretary of the Land-Office, to the same Effect as the above, was allowed; and the Letter in this Case was accordingly ruled to be given in Evidence.

A Plot of a Survey made in pursuance of the above Letter, in Isaac Taylor’s own hand Writing, with a Note at the bottom thus “sur. 9ber 10. 1720,” and in the Body of it, the Words “William Willis 400 Acres,” not returned into the Surveyor General’s or Secretary’s Office, but found among Isaac Taylor’s Land Papers, many Years after his Death, was allowed to be given in Evidence, against a regular Warrant and Survey posterior to the above; a Settlement and Possession being proved to have been made, the first Survey amounting to an Impropriation, and the Land Office appearing to have been shut between the Years 1718 and 1732.

N.B. On an Appeal to the King and Council, the Judgement of the Supreme Court was affirmed.