Record and brief — Jane Herron and Charles D. Herron, her Husband, in Right of Said Jane, Elizabeth B. Jackson and John A. Jackson, her Husband, in Right of Said Eilizabeth B.; Charles J. Tower and R. M. Cummings, Plaintiffs in Error, vs. Philip Dater and Elizabeth L.

REME COURT-OF THE UNITED STAT

¢

OCTOBER TERM, 1885.

| 142

RON AND CHARLES D. HERRON, HER H

ELIZA

: a.

JACKEON, HER HUSBAND, IN RIGHT OF 8

SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1885.

No. 399.

JANE HERRON AND CHARLES D. HERRON, HER HUSBAND,

IN RIGHT OF SAID JANE; ELIZABETH B. JACKSON AND

JOHN A. JACKSON, HER HUSBAND, IN RIGHT OF SAID.

EILIZABETH B.; CHARLES J. TOWER AND R. M. CUM-

MINGS, PLAINTIFFS IN ERROR,

VS.

PHILIP DATER AND ELIZABETH L. FELLOWS.

IN EFRROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR

THE WESTERN DISTRICT OF PENNSYLVANIA.

Original Print.

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JANE HERRON ET AL. VS. PHILIP DATER ET AL. 1

1 Appearance. Docket Entry.

UNITED STATES OF AMERICA, aes

Western District of Pennsylvania, | ~*

[Seal of the U.S. Circuit Court, W. D. Penn. ]

Among the records of the circuit court of the United States for the

western district of Pennsylvania, at Williamsport, it is, inter alia,

thus contained at No. 33, June term, A. D. 1882.

Paivip Dater and Exvizasertu L. Fettows, both citizens and _resi-

dents of the State of New York,

v8.

JANE Herron and CHarves D. Herron, her husband, in right of

said Jane; Elizabeth B. Jackson and John A. Jackson, her hus-

band, in right of said Elizabeth B., citizens of the State of Penn-

svylvania: Charles J. Towar, a citizen of the State of Pennsylvania,

and R. M. Cummings, a citizen of the State of Pennsylvania.

2 Summons in ejectment for part of a certain tract of land

situate in Mt. Carmel township, Northumberland county,

Pennsylvania, containing two hundred and thirty acres, or there-

abouts. Issued April 24, 1582. Returnable the first Monday of

June, 1882. Pracipe and description filed April 24, 1882.

May 11, 1882. Served the within summons in ejectment upon the

within-named Jane Herron by leaving a true and attested copy at

her residence, at Pittsburgh, Pa., with her husband, an adult mem-

ber of the family ; same day at same place served personally on the

within-named.Charles D. Herron, Elizabeth B. Jackson, and John

A. Jackson by informing them of the contents and leaving with

each of said parties atrue and attested copy. May 15, 1882. Served

upon the within-named Charles J. Towar by leaving-a true and at-

tested copy at his residence, Allegheny City, Pa., with an

3 adult member of his family. John Hall, U.S. M., per R. K.

Campbell, dept’y. May 20, 1882. Served the within sum-

mons in ejectnent upon the within-named R. M. Cummings .per-

sonally and by copy. “So. ans.” John Hall, U.S. M., per L. H.

Martin, deputy. $17.28, paid by Sain’] Linn.

June 2,1882. A.J. Dietrick, esq., appears for defendants and pleads

“not guilty.” Same day appearance and plea filed.

And now, September 21, 1882, this cause came on to be tried, and

a jury of the country being called caine, to wit, William W. Sterling,

J. W. Thompson, H. J. Murdock, J. S. Wilson, James C. Acheson,

John A. B. Patterson, Edwin Ketley, Levi Bird, Duff Reese, C. S.

McCoy, Samuel C. Tussey, L. P. Fry, and James Barton, twelve good

and lawful men of the western district of Pennsylvania, who, having

been duly summoned, returned, balloted for, and empanelled, were

severally sworn to try the issue herein joined.

And now, September 23, 1882, on motion of plaintiffs’ at-

4 torneys, it is ordered that the description annexed to the pra-

cipe in this case be amended by adding immediately after the

- 1—399

pat”:

See,

2 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

words “ aJl that certain part of a certain tract of land situate in Mt.

Carmel township, in Northumberland county,” the words “and in

Cunningham township, in Columbia county ;” and, further, that the

writ be amended so as to correspond with the aforesaid amendment

to be made in the description in the pracipe. By the court.

And now, September 26, 1882, the said jury, upon their oaths

aforesaid, respectively do say that they find a verdict in favor of the

said plaintiffs and against thesaid defendants for the lands described

in the writ, with six cents damages and six cents costs, and so say

they all; same day filed charge of court, with exceptions of defend-

ants thereto, duly sealed by the court.

Whereupon it is considered, adjudged, and decreed by our

5 said circuit court of the United States for the western district

of Pennsylvania that the said plaintiffs do recover against

the said defendants as well the land described in the writ for which

this ejectment was brought as also their damages and costs, which

they, the said plaintiffs, have sustained about this suit in this behalf

adjudged to them by the said court aforesaid, and which damages

and costs on the whole amount to the sum of one hundred and

seventy-seven dollars and fifty-eight cents ($177.58).

And the said defendants in mercy, &c.

Judgment signed September 26, 1882.

B. S. BENTLEY, Clerk.

June 4, 1883. Writ of error to the Supreme Court of the United

States issued. June 6, 1883. Writ allowed by M. W. Acheson, judge ;

same day, bond of Robert M. Cummings, principal, and A. J. Diet-

rick, Wesley Auten, and William Eliott, sureties, in the sum

6 of one thousand dollars, conditioned for prosecuting the writ

of error taken in this case to the Supreme Court of the United

States, with effect, &c., filed. June 6, 1883. Bond approved by M.

W. Acheson, judge; same day, citation to Philip Dater and Eliza-

beth L. Fellows, defendants in error, to be and appear at the next

term of the Supreme Court of the United States, to be holden at the

city of Washington, D.C., on the second Monday of October, 1883,

filed. June 7, 1883. Service of citation accepted by Samuel Linn,

att’y for pl’fis below. See same. September 12, 1883. Bills of ex-

ception filed.

7 Prxcipe and Description.

In the Cireuit Court of the United States for the Western District

of Pennsylvania. June Term, 1882.

Puitip DaTER AND ELIzABeTH L. FELLOws, both citizens )

and residents of the State of New York,

v8.

JANE HERRON AND CHARLES D. Herron, her husband, in

right of said Jane; Elizabeth B. Jackson and John A. } No. 33.

Jackson, her husband, in right of said Elizabeth B., citi-

zens of the State of Pennsylvania ; Charles J. Towar, a

citizen of the State of Pemunsylvania, and R. M. Cum-

mings, a citizen of the State of Pennsylvania. .

Issue summons in ejectment against defendants to appear and

is 4 . : ) » ne UF s a fe Hime hip, 4 ae eds ee Sa. Ce ee eee ae Teorey

ee a ee : ° " ¥ Ae Fa ‘ a er: See ee “ eS ee ae " eo ih SNS Rages ee eee) ee pee

; a # yy yen F- as bihie Mee ae sheen Tr hit. as Stare " ~ ‘ z yee 4 +S eet Set ge ee tee ee -~ ay - if ’ ’ a me ee

A ae ee re Th = ie SNE OF ES Re Pe ge Re ee i " <7 Re ee ae a . . r A

tal Aes Se are At eS ae SIRS ST he ee eT : . ops 5s re . ’

x = pe went 7

ry

+}

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

answer to a certain complaint made by Philip Dater and Elizabeth

L. Fellows, both citizens and residents of the State of New York,

that they, the said Jane Herron and Charles D. Herron, her

8 husband, in right of said Jane; Elizabeth B. Jackson and

John A. Jackson, her husband, in right of said Elizabeth B. ;

Charles J. Towar, and R. M. Cummings, defendants; now have in

there actual possession al] that certain part of a certain tract of land

situate in Mount Carmel township, in Northumberland county, in the

said western district of the State of Pennsylvania, surveyed on the

twenty-second day of October, 1794, in pursuance of a warrant

granted to Lewis Walker, bearing date the twenty-sixth day of No-

vember, A. D. 1793, bounded and described as follows, to wit: On

the south by lands surveyed on warrants to William Shannon and

Peter Smith on the west by line running from the northeast corner

of a survey made on warrant to Jesse Brooks; thence north eight

and one-quarter degrees east to the southeast corner of land

9 surveyed on warrant to Thomas Billington; on the north by

lands surveyed on warrants to Mary Ruston and Thomas

Ruston, and on the east by lands surveyed on warrants to Nathan-

iel Brow n, containing two hundred and thirty acres or thereabouts,

the right of possession or title to which they, the said Philip Date:

and Elizabeth L. Fellows, the plaintiffs, say is in them and not in

them, the said defendants; all of which they, the said Chilip Dater

and Elizabeth L. Fellows, aver that they are prepared to prove, &c.

Returnable at next term.

SAM’L LYNN.

I. W. RYAN.

JAMES RYAN.

10 Endorsed: No. 38. June term, 1882. Philip Dater and

Elizabeth L. Fellows, both citizens and residents of the State

of New York, vs. Jane Herron and Charles D. Herron, her husband,

in right of said Jane; Elizabeth B. Jackson and John A. Jackson,

her husband, in right of said Elizabeth B.; Chas. J. Towar, and R.

M. Cummings. Pracipe. Filed April 24, 1882.

il UNITED STATES, a

Western District of Pennsylvania, Se

The President of the United States to the marshal of the western

district of Pennsylvania, Greeting :

We command you that you summon Jane Herronand Charles D.

Herron, her husband, in right of said Jane; Elizabeth B. Jackson

and Jobn A. Jackson, her husband, in right of said Elizabeth B. ;

Charles J. Towar, and R. M. Cummings, citizens of the State of Penn-

svlvania, late of vour district, if they may be found therein, so that

they may be and appear before the judges of the circuit court of the

United States in and for the western district of Pennsylvania, in the

third circuit, at a session of the same court to be holden at Williams-

port on the first Monday of June next, then and there to answer a

certain complaint made by Philip Dater and Elizabeth L. Fellows,

4 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

citizens and residents of the State of New York; that the said Jane

Herron and Charles D. Herron, her husband, in right of said Jane;

Elizabeth B. Jackson and Joln A. Jackson, her husband, in right of

said Elizabeth B.; Charles J. Towar, and R. M. Cummings now have

in their possession actual all of that certain part of a tract of land

situate in Mount Carmel township, Northumberland county, and

State of Pennsylvania, surveyed on the twenty-second day of October,

1794, in pursuance of a warrant granted to Lewis Walker, bearing

date the twenty-sixth day of November, A. D. 1793, bounded and

described as follows, to wit: On the south by lands surveyed on war-

rants to William Shannon and Peter Smith; on the west by line run-

ning from the northeast corner of a survey made on warrant to Jesse

Brooks, thence north eight and one-quarter degrees east to the south-

east corner of land surveyed on warrant to Thomas Billington; on

the north by lands surveyed on warrants to Mary Ruston and Thomas

Ruston, and on the east by lands surveyed on warrants to Nathaniel »

Brown, containing two hundred and thirty acres, or thereabouts, the

right of possession or title to which they, the said Philip Dater and

Elizabeth L. Fellows, saith is in them and not in the said defend-

ants; all of which said plaintiffs avers and are prepared to prove

before our said court. Hereof fail not and have you then and there

this writ.

Witness the Honorable Morrison R. Waite, Esquire, Chief Justice of

the Supreme Court of the United States, at Williamsport, this twenty-

fourth day of April, A. D. 1882, and in the one hundred and sixth

year of the Independence of the said United States.

[seat] B. 8S. BENTLEY, Jr., Clerk.

12 [Endorsed:] No. 33. June term,1882. Philip Dater et al. vs.

Jane Herron etal. Summons in ejectment. Marshal’s service,

$15.00; mileage, $2.28—17.28. Paid by Sam’l Linn, Esq. Samuel

Linn, J. W. Ryan, James Ryon, P. Q.

May 11, 1882. Served the within summons in ejectment upon

the within-named Jane Herron by leaving a true & attested copy at

her residence, Pittsburgh, Pa., with her husband, an adult member

of the family; same day, at same place, served personally on the

within-named Charles D. Herron, Elizabeth B. Jackson, and John

A. Jackson by informing them of the contents and leaving with

each of said parties a true & attested copy ; and May 15, 1882, served

upon the within-named Charles J. Towar by leaving a true and

attested copy at his residence, in Allegheny City, Pa., with an adult

member of his family. John Hall, U.S. marshal, per R. K. Camp-

bell, dep’y. | .

May 20, 1882. Served the within summons in ejectment on the

within-named R. M. Cummings personally and by copy. So ans.

John Hall, U.S. M., per L. H. Martin, dep.

- ae

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

13 Appearance and Plea.

Circuit Court U.S., W. D. Penna. June Term, 1882.

Puiptie DaTEr et al.

v8. No. 33.

JANE HERRON et al.

And now, Juue 2, 1882, I hereby appear for the defendants and

plead not guilty.

A. J. DIETRICK.

Alt’y for Defendants.

Endorsed: No. 33. June term, 1882. Philip Dater ef al. va. Jane

Herron ef al. Appearance and plea. Filed June 2, 1882.

14 Order of Amendment.

In the Cireuit Court of the United States for the Western District of

Penn. June T., 1882. 3

Puintie DaTER and EvizaBetu L. FELLows

vs, No. 33.

JANE HERRON et al.

And now, the 23rd of Sept., 1882, on motion of pl ’ff’s attorneys,

it is ordered that the description annexed to the pracipe in this

case be amended by adding immediately after the words “all that

certain part of a certain tract of land situate in Mt. Carmel township,

in Northumberland county,” the words “and in Cunningham town-

ship, in Columbia county,” and further that the writ be amended

so as to correspond with the aforesaid amendment to be made in the

description in the pracipe.

By the court.

15 Endorsed: No. 33. June term, 1882. Philip Dater e¢ al.

vs. Jane Herron ef al. Order of amendment of description,

&e. Filed Sept. 23, 1882.

16 . Charge of Court.

June Term, 1882.

PHivtipe Dater et al.

v8. No. 33 ne

JANE HERRON et al. f

GENTLEMEN OF THE Jury: Thisis an action of ejectment, brought

on April 24, 1882, by Philip Dater and Elizabeth L. Fellows against

Jane Herron and other defendants named in the writ for a tract of

land situated partly in Northumberland county and partly in Co-

lumbia county, in the western district of Pennsylvania, and con-

taining about 230 acres. For the most part the land lies in Northum-

berland county, a small corner only, consisting of about 7 or 8 acres,

lying within Columbia county. The land in controversy is part of

i Re

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JANE HERRON ET AL. VS. PHILIP DATER ET AL.

a tract of 371} acres, designated during the trial as the

17 “ Lewis Walker tract,” having been surveyed on the 22nd of

October, 1794, upon a warrant issued to him. |

The plaintiffs put in evidence a certified copy of an ancient paper,

dated Nov. 26, 1793, on file iv the land office, designated as “old

purchase voucher No. 12969,” and in connection therewith a certi-

fied copy of an entry, under date of June 14th, 1794, from the “old

urchase blotter” in the land office. These documents were of-

fered to show, and they are evidence tending to show, that Dr. -

Thomas Ruston was the owner of the Lewis Walker warrant and

id to the Commonwealth the purchase-money for said tract of

and.

An exemplification of a record of the circuit court of the United

States for the then district of Pennsylvania (in evidence) shows that

on October 13th, 1796, James Clayland, for use, obtained a judgment

in that court against Dr. Thomas Ruston, which was after-

18 wards revived and such proceedings had thereon that, in

pursuance of a writ of execution (vend. exp.), John Smith,

the United States marshal, on August 15, 1803, sold the said tract of

land, as the property of the defendant, Dr. Thomas Ruston, to Nich-

olas Lefevre, to whom the marshal, on October 11, 1803, executed a

deed, dated and acknowledged on the date last mentioned.

The plaintiffs have shown that by sundry mesne conveyances the

title to which Nicholas Lefevre thus acquired became vested in them

prior to the bringing of this action.

In connection with their paper title the plaintiffs gave evidence

tending to show that for many years they and those under whom

they claim asserted title to the land and paid taxes thereon without

any hostile claim being set up against them until the vear 1875,

when the defendants took possession.

If the evidence on the part of the plaintiffs is believed by

19 the jury it makes out a prima facie case for the plaintiffs, and

7 they are entitled to your verdict upon this branch of their

title.

In order to simplify the case (and by agreement of the counsel of

the respective parties) I instruct you to disregard and throw out of

the case altogether the evidence which relates to the distinct title

which the plaintiffs set up under the tax sale to Charles Pleasants.

Endorsed: No. 33. June term, 1882. Philip Dater ef al. vs. Jane

Herron eal. Charge of the court. Filed Sept. 26, 1882.

20 | Exceptions to Charge of Court, &c.

In U.S. Cireuit Court, W. D. Pa. June T., 1882.

Puiutip Darter et al. )

v3. No. 33.

Jane Herroy et al. }

Before verdict — rendered counsel for defendants except to the

following parts of the charge of the court to the jury:

“The plaintiffs put in evidence a certified copy of an ancient

paper dated Nov. 26th, 1793, on file in the land office designated as

|

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 7

old purchase voucher No. 12969, and in connection therewith a cer-

tified copy of an entry under date of June 14th, 1794, from the old

purchase blotter in the land office. These documents were offered

to show, and they are evidence tending to show that Dr. Thomas

Ruston was the owner of the Lewis Walker warrant and paid to

the Commonwealth the purchase-money for said tract of

21 land.

Also the following parts of said charge:

“The plaintiffs have shown that by sundry mesne conveyances

the title which Nicholas Lefevre thus acquired became vested in

them prior to the bringing of this action. In connection with their

paper title the plaintiffs gave evidence tending to show that for

many years they and those under whom they claim asserted title to

the ie and paid taxes thereon without any hostile claim being

set up against them until the year 1875, when the defendants too

a If the evidence on the part of the plaintiffs is believed

y the jury it makes out a prima facia case for the plaintiffs and

they are entitled to your verdict upon this branch of their title.”

And thereupon the court seal this bill of exceptions to the said

portions of the charge.

M. W. ACHESON.

22 Endorsed: No. 33. June term, 1882. Philip Dater ct al.

vs. Jane Herron e al. Exceptions to charge of court and Lill.

Filed Sept. 26, 1882.

23 Plaintiffs’ Bill of Coasts.

In the Cireuit Court of the U.S for the Western Dist. of Penna.

June T., 1882.

Puouip Dater et al.

No. 33.

v8.

JANE HERRON et al.

Cerne: A. FONT ns oe keke 56 miles.. 5 60

4days.. 6 00 |

11 60

en NS ewe 68 miles... 6 80

Gdays.. 9 00

15 80

ant CANS nas cn (pul pl akiiac mimein 56 miles... 5 60

8 days .. 12 00

. 17 60

Ri Pe SNE << Srnide cnn ewie inns 117 miles... 11.70

9 days .. 13 50

25 20

TeeOy RUIN on os nn oo cenene 40 miles... 4 00

7 days .. 10 50 |

14 50

sou Reese .c ok cS 200 miles... 20 00

S$ days .. 12 00

32 00

$116 70

8 - JANE HERRON ET AL.‘VS. PHILIP DATER ET AL.

WESTERN D:strRIcT OF PENNSYLVANIA, 88: :

Samuel Linn, att’y for above-named plaintiffs, being duly

24 sworn according to law, doth depose and say that the above

bill of costs is correct to the best of his knowledge and belief ;

that the witnesses therein named were in attendance and were

necessary, as deponent believes, to maintain the plaintiffs’ action.

SAM’L LINN.

Sworn and subscribed before me this 6th day of Oct., A. D. 1882.

B. S. BENTLEY, Clerk.

Endorsed: No. 33. June T., 1882. Philip Dater et al vs. Jane

Herron et al. PI’ffs’ bill of costs. Filed Oct. 6, 1882.

25 UNITED STATES OF AMERICA, 88:

The President of the United States to the honorable the judges of

the United States circuit court for the western district of Penn-

sylvania, Greeting :

Because in the record and proceedings as also in the rendition of

the judgment of a plea which is in the said circuit court before you,

between Philip Dater and Elizabeth L. Fellows, plaintiffs, and Jane

Herron and Charles D. Herron, her husband, in right of said Jane;

Elizabeth B. Jackson and John A. Jackson, her husband, in right

of said Elizabeth b.; Charles J. Tower, and R. M. Cummings, defend-

ants, a manifest error hath happened, to the great damage of the

said defendants, as by their complaint appears, we, being willing that

error, if any hath been, should be duly corrected, and full and speedy

justice done to tbe parties aforesaid in this behalf, do command

you, if judgment be therein given, that then, under your seal,

distinctly and openly, you send the record and proceedings afore-

said, with all things concerning the same, to the Supreme Court of

the United States, together with this writ, so that you have the same

at Washington, D. C., on the second Monday of October next, in the

said Supreme Court to be then and there held, that, the record and

proceedings aforesaid being inspected, the said Supreme Court may

cause further to be done to correct that error what of right and

according to the laws and customs of the United States should be

done. |

Witness the Honorable Morrison R. Waite, Chief Justice of the

Supreme Court of the United States, this 4th day of June, A. D. 1883.

[Seal of the U.S. Cirenit Court, W. D. Penn. ]

B. S. BENTLEY,

Clerk U. S. Circuit Court. Western District Pennsylvania.

Allowed byv— *

M. W. ACHESON, U.S. Judge.

June 6th, 1883. |

;

26 [Endorsed :}] No. 33. June term, 1882. Philip Dater and

Elizabeth L. Fellows vs. Jane Herron e al. Writ of error.

nS a ee

= ter Rie

(slay

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

y 3 j Bond.

In the Supreme Court of the United States. Writ of Error to the

Circuit Court of the United States, West. Dist. of Pennsylvania,

of No. 33. June Term, 1882.

Puitip Dater and EvizaBetu L. FELLows

. v8.

JANE Herron and CHarves D. Herron, her husband, in right of

said Jane; Elizabeth B. Jackson and John A. Jackson, her hus-

band, in right of said Elizabeth B.; Charles J. Towar, and R. M.

Cummings.

Know all men by these presents that we, Robert M. Cummings,

of Northumberland county ; A. J. Dietrick, of Luzerne county; Wes-

ley Auten and William Elliott, of Northumberland county, Penn-

sylvania, all of the State of Pennsylvania, in said district, are held

and firmly bound unto Philip Dater and Elizabeth L. Fellows in

the sum of one thousand dollars, to be paid to the said Philip

28 Dater and Elizabeth L. Fellows, their heirs, executors, 6

| ministrators, and assigns ; to which payment, well and truly

to be made, we bind ourselves and each of us, jointly and severally,

and our and each one of our heirs, executors, and administrators,

firmly by these presents.

Sealed with our seals and dated this 4th day of June, A. D. 1883.

Whereas lately, at a circuit court of the United States in and for

the western district of Pennsylvania, in a suit depending in said

court between Philip Dater and Elizabeth L. Fellows, plaintiffs, and

Jane Herron and Charles D. Herron, her husband; Elizabeth B.

Jackson and John A. Jackson, her husband; Charles J. Towar, and

R. M. Cummings, defendants, judgment was rendered against the 4

said Jane Herron and Charles D. Herron, her husband; Elizabeth i 4

B. Jackson and John A. Jackson, her husband ; Charles J. Towar, a

and R. M. Cummings; and the said defendants having obtained a E

writ of error to the Supreme Court of the United States to re- 9

29 verse the said judgment in the aforesaid suit and a citation

directed to the said Philip Dater and Elizabeth L. Fellows,

citing and admonishing them to be and appear at a Supreme Court

of the United States to be holden at Washington the second Mon-

day of October next:

‘ow, the condition of the above obligation is such that if the said

Jane Herron and Charles D. Herron, her husband; Flizabeth B. ,

. Jackson and John A. Jackson, her husband: Charles J. Towar, and i

| R. M. Cummings shall prosecute their said writ of error to effect ‘

| and answer all costs if they shall fail to make good their plea, then

| the above obligation to be void; else, to remain in full force and

: virtue.

ROB’T M. CUMMINGS. [srat.

A. J. DIETRICK. SEAL.

| WESLEY AUTEN. SEAL.

i WM. ELLIOTT. SEAI..

10 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

Sealed and delivered in presence of—

SAMUEL P. FAUSOLD,

As to R. M. Cummings & Wesley Auten.

E. K. BRIGHT,

As to Wm. Elliott.

30 Endorsed: No. 33. June term, 1883. Philip Dater and

Elizabeth L. Fellows vs. Jane Herron etal. Bond. And now,

to wit, June 6, 1883, the within bond for costs approved. M. W.

Acheson, U.S. judge. Filed June 6, 1883.

31 | Citation.

In the Supreme Court of the United States. Writ of Error to the

Circuit Court of the United States, Western District of Pennsyl-

vania, of No. 33. June Term, 1882.

Puitip DaTer and EvizaBetu L. FELLows

v8.

JANE Herron and CHarves D. HERRon, her husband, in right of

said Jane; Elizabeth B. Jackson and John A. Jackson, her hus-

band, in right of said Elizabeth B.; Charles J. Towar, and R. M.

Cummings.

The United States of America, naciieai to Philip Dater and Eliz-

abeth L. Fellows:

You are hereby cited and admonished to be and appear at a Su-

preme Court of the United States to be holden at Washington on

the second Monday of October next, pursuant to a writ of error

32 filed in the clerk’s office of the circuit court of the United

States for the western district of Pennsylvania, wherein Jane

Herron and Charles D. Herron, her husband, in right of said Jane;

Elizabeth B. Jackson and Jobn A. Jackson, ‘her husband, in right

of said Elizabeth B.; Charies J. Towar, and R. M. Cummings are

plaintiffs in error, and you are defendants in error, to show cause, if

any there be, why the judgment rendered against the said plaintiffs

in error, as in the said writ of error mentioned, should not be cor-

rected, and why speedy justice should not be done to the parties in

that behalf.

Witness the Honorable M. W. Acheson, judge of the circuit court

of the United States for the westerr district of Pennsylvania, this

6th day of June, A. D. 1883. |

M. W. ACHESON.

I do hereby accept service of the within citation for Philip Dater

and Elizabeth L. Fellows.

June 7, 1885.

SAM’L LINN,

Att’y for PUffs below.

33 Endorsed : No. 33. June term, 1882. Philip Dater and

Elizabeth L. Fellows vs. Jane Herron et al. Citation. Filed

June 6, 1SS3.

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 11

34 Bills of Exception.

In the Circuit Court of the United States for the Western District of

Pennsylvania. June Term, A. D. 1882.

Puivie DaTter and Exvizasetu L. FELLows )

v8.

JANE Herron and Cuas. D. Herron, her husband, in Uy 99

right of said Jane; Elizabeth B. Jackson and John A. { **? °°:

Jackson, her husband, in right of- said Elizabeth B.;

Chas. J. Towar, and R. M. Cummings.

(Ejectment.)

Be it remembered that in June sessions, A. D. 1882, No. 33, came

Philip Dater and Elizabeth L. Fellows in the circuit court of the

United States for the western district of Pennsylvania, and impleaded

Jane Herron and Charles D. Herron, her husband, in right of said

Jane; Elizabeth B. Jackson and John A. Jackson, her husband, in

right of said Elizabeth B.; Charles J. Towar, and Elizabeth

35 Cummings, in a certain plea or action of ejectment in which

the said plaintiffs declared that the said lehadaate had in

their possession actual all that certain part of a tract of land situate

in Mt. Carmel township, Northumberland county, and Conyngham

township, Columbia county, and State of Pennsylvania, surveyed

on the 22d day of October, A. D..1794, in pursuance of a warrant

gr: ited to Lewis Walker, bearing date the 26th day of November,

A. D. 1793, bounded and described as follows, to wit: On the south

by lands surveyed on warrants to William Shannon and Peter

Smith; on the west by line running from the northeast corner of a

survey made on warrant to Jesse Brooks; thence north eight and

one-fourth degrees east to the southeast corner of lands surveyed on

warrant to Thomas Billington; on the north by land surveyed on

warrants to Mary Ruston and Thomas Ruston, and on the east by

land surveyed on warrant to Nathaniel Brown, containing two hun-

dred and thirty acres or thereabouts.

36 The right of possession or title to which said tract of land

they, thessaid Philip Dater and Elizabeth L. Fellows, aver-ed

was in them and not in the said defendants.

To which said complaint the said defendants plead as follows:

And now, June 2d, I hereby appear for the defendants and plead

“not guilty.”

A. J. DIETRICK,

Att'y for Defendants

And thereupon issue was joined between them.

And afterwards, to wit, at a session of said court held at the city

of Williamsport, in the said western district of Pennsylvania, before

the hecaialie M. W. Acheson, one of the justices of said court, on

Thursday, the 21st day of September, A. D. 1SS2, issue between the

said parties came to ly tried by a jury of the said district for that

purpose duly empanc’ ed as follows

12

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

37 1. William W. Sterling. 7. Edwin Ketley.

8.

2. J. W. Thompson. L. B. D. Reese.

3. H. J. Murdoch. 9. C. F. McCoy.

4. J. S. Wilson. 10. Samuel C. Tussey.

5. J. C. Acheson. 11. L. P. Frv.

6. John A. B. Patterson. 12. James Barton.

At which day came as well the said plaintiffs and the said de-

fendants, by their respective attorneys, and the jurors of the jury

aforesaid empanelled to try the said issues being also called came

and were then and there in due manner chosen, sworn, or affirmed

to try the said issue, and upon the said trial the following proofs

and testimony was introduced and offered to be introduced, and the

following rulings of said court was thereon respectively made.

Counsel for the plaintiffs offer in evidence—

1. Writ of ejectment. No. 33. June term, 1882. Philip —

38 Dater and Elizabeth L. Fellows vs. Jane Herron and Charles

D. Herron, her husband, in right of said Jane; Elizabeth B.

Jackson and John A. Jackson, her husband, in right of said Eliza-

beth B.; Charles J. Towar, and R. M. Cummings for all that certain

part of a tract of land situate in Mt. Carmel township, Northumber-

land county, and Conyngham township, in Columbia county and

State of Pennsylvania, surveyed on the 22nd day of October, 1794,

in pursuance of a warrant granted to Lewis Walker, bearing date

the 26th day of November, 1723, bounded and described as follows,

to wit: On the south by lands surveyed on warrants to William

Shannon and Peter Smith; on the west by line running from the

northeast corner of a survey made on warrant to Jesse Brooks;

thence north eight and one-quarter degrees to the southeast corner

of land surveyed on warrant to Thomas Billington; on the north

by land surveyed on warrants to Mary Ruston and Thomas Ruston,

and on the east by land surveyed on warrant to Nathaniel

39 — containing two hundred and thirty acres, or there-

abouts.

2. Certified copy of application No. 12969. William Elliott ap-

plies for four hundred acres of land on a branch of Roaring creek,

adjoining Dr. Thomas Ruston’s lands in Catawissa township, North-

umberland county.

Joseph Tyson applies for four hundred acres of land lying one

mile north of a road leading from Reading to Sunbury, adjoining

Dr. Thomas Ruston’s other land in Catawissa township, in North’d

county.

William Shannen applies for four hundred acres of land lying one

mile north of a road leading from Reading to Sunbury, adjoining

other lands of Dr. Thomas Ruston in Catawissa township, North’d

county.

Lewis Walker applies for four hundred acres of land lying one

mile north of a road leading from Reading to Sunbury, adjoining

Dr. Thomas Ruston’s other lands in Catawissa township, North’d

county.

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 13

40 Nathaniel Brown applies for four hundred acres of land on

a branch of Roaring creek, adjoining Dr. Thomas Ruston’s

lands, in Catawissa township, North’d county.

Ebenezer Branham applies for four hundred acres of land on a

branch of Roaring creek, adjoining Dr. Thomas Ruston’s lands, in

Catawissa township, North’d county.

26 November, 1793.—3d. Certified copy of old purchase voucher

No. 12969. Joseph Tyson, 400 a’s lying one mile north of a road

leading from Reading to Sunbury, adjoining Dr. Thomas Ruston’s

other land, in Northumberland county.

William Elliot—400 a’s situate on a branch of Roaring creek, ad-

joining Dr. Thomas Ruston’s other land, in Catawisia township, —

said county.

Lewis Walker—400 a’s lying one mile notth of a road leading

from Reading to Sunbury, adjoining Dr. Thomas Ruston’s other

land, in said county.

William Shannon—400 a’s lying one mile north of a road

41 leading from Reading to Sunbury, adjoining Dr. Thomas

Ruston’s other lands, in said county.

Ebenezer Branham—400 a’s on a branch of Roaring creek, joining

Dr. Thomas Ruston, in said county.

Nathaniel Brown—400 a’s on a branch of Roaring creek, joining

land of Dr. Thomas Ruston, in said county.

Amount, £60—interest from date hereof.

[On the side]: A gen’l rec’t wrote.

Plaintiff's counsel offer— 7

4th copy of old purchase blotter No. 12969.

1794, June 14.—Dr. Ruston 6 w’r’ts of 400 a’s am’t, 2,400 a’s, 50 p.

e’t p’d, specie ch., £60.

Fees, 6%, p’d; rem’r charge of 168 D®. Rec’t D?.

Offered for the purpose of showing title in Thomas Ruston to

the Lewis Walker tract in dispute

Counsel for defendant object because the warrant issued to

42 Lewis Walker, dated 26th November, 1793, a payment of

purchase-money by Dr. Ruston without the consent of the

warrantee would give him no title. Title accrued to Lewis Walker

on 26 of November, 1793. A payment of purchase-money by Dr.

Ruston on June 14, 1794, would give him no title. If any title

whatever accrued to Dr. Ruston it would be but a resulting trust;

also because the counsel for the plaintiffs do not propose to follow it

with any evidence showing a conveyance of the legal title to Dr.

Ruston or those claiming under him, or any possession of the land

by him or them or the bringing of any action of ejectment to re-

cover it within twenty-one years from the date of the warrant.

Objections overruled, evidence admitted, and bill sealed at ‘the

request of the counsel for defendants.

M. W. ACHESON.

14 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

See Plaintiffs’ Offer.

Warrants dated 26th November, 1793, to William Elliot, for four

hundred acres adjoining Cadwalader Evans’.

Survey to William Elliot, 22d of October, 1794, three hundred —

sixty-eight acres and allowance, adjoining on the east Lewis Walker;

north, John Reynolds, Mary Myers, Daniel Reese, and others, and

on the west Joseph Tyson.

Copy of warrant to Joseph Tyson, dated 26th November, 1793, for

four hundred acres, one mile north of a road leading from Reading

to Sunbury, adjoining Dr. Ruston’s other land.

Copy of survey, 22d of October, 1794, to Joseph Tyson, for four

hundred and fifty-three acres and allowance, adjoining William

Elliot and others. |

vopy of warrant to Lewis Walker, dated 26th November, 1793,

for four hundred acres, adjoining Dr. Thomas Ruston’s other

lands.

44 Copy of survey for Lewis Walker, dated 22d October, 1794,

— three hundred and seventy-one and one-fourth acres, ad-

joining Nathaniel Brown on the east; Thos. Ruston, Mary Ruston,

and others on the north; west, William Elliot; on the south, Jesse

Brooks, Dr. Thomas Ruston, in right of William Shannon.

Copy of warrant to William Shannon, dated 26th November, 1793,

one mile north of the road leading from Reading to Sunbury, for

four hundred acres, Catawissa township, said county, adjoining other

lands of Dr. Thomas Ruston.

Copy of survey, 22d October, 1794, to William Shannon, — four

hundred and fifteen acres and allowance, adjoining on the north

Lewis Walker, on the east by Peter Smith, on the south by William

Gilbert, on the west — Jesse Brooks.

Copy of warrant to Nathaniel Brown, dated 26th November, 1793,

for four hundred acres in Catawissa township, said county.

Copy of survey dated 21st October, 1794, for Nathaniel

45 Brown, for four hundred acres and allowance. _

Copy of warrant to Ebenezer Branham, dated 26th of No-

vember, 1793, for four hundred acres in Catawissa township, said

county, on a branch of Roaring creek, adj. land of Dr. T. Ruston.

Copy of survey, dated 21st October, 1794, for Ebenezer Branham,

four hundred and one-fourth acres, adjoining Nathaniel Brown on

the west, Thomas Ruston, in right of Lewis Walker, on the south,

Samuel Lobdell, Daniel Rees, and others on the north.

Plaintiffs also offer return of William Gray, deputy.surveyor, of

four tracts—February 23, 1795: William Elliot, three hundred and

sixty-eight acres; Lewis Walker, three hundred and seventy-one

and one-half acres; William Shannon, four hundred and fifteen

acres; Nathaniel Brown, four hundred acres.

Also, certified connected draft of 20 tracts, including the

46 - above, certified the 3d of March, 1875.

Also, exemplification of record from the United States court, .

eastern district of Pennsylvania, No. 44, April term, 1796. James

Clayland, for the use of John Gibson, vs. Thomas Ruston. Sum-

~

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 15

mons, 20th April, 1796. October 13, 1796, judgment for £3,735

8s. 43d. Fr. fa. issued ; returned “nulla bona. Sci. fac., May, 1801.

Judgment, by consent, $19,922.21. Venditioni exponas issued; re-

turned by the marshal sold, 15th August, 1803 (znter alia), Lewis

Walker tract, three hundred and seventy-one ana one-fourth acres.

In Debt.

In the Circuit Court of the United States, Eastern District of Penn-

sylvania. April Sessions, 1796.

JAMES CLAYLAND, to the use of John Gibson,

: versus No. 44

THOMAS RUvSTON.

October 13, 1796.—Judgment for $19,922.21, per agreement, filed.

AT 1797, Aug. 31st.— Hit fi. fa.

Real debt, £3,735 8s. 43.

1798, April 10.— zit alias fi. fa.

Returned “nulla bona.”

Judgment.

JAMES CLAYLAND, use of John Gibson, vs. THomas Rusrtoy.

Stay of 60 days absolutely. Execution not to be taken out for

the several sums mentioned in the condition of the bond till such

time as the said sums respectively become due. If the defendant

swears to a defence within 60 days this judgment is to be opened.

WM. TILGHMAN,

For Pv ff.

CHAS. HEALTRY,

For Deft.

Filed 13 Oct., 1796.

Revival.

In the Circuit Court of the United States for the Eastern Dis-

48 trict of Pennsylvania, in the Third Cireuit. October

Sessions, 1801.

JAMES CLAYLAND, for the use al John Gibson,

vs. No. 13

‘THOMAS RUSTON.

Sea. fa: to renew. Org. 44. Ap’l, 1796. Hit 31 July, 1801.

1801, Oct. sess.—Ret. served.

.1802, Ap’! 7.—Rule for trial.

1802, May 11.—Judgment for pl’ff by consent, with six weeks’ stay

of execution.

Real debt, $9,961.00.

Int. from 10 Oct., 1794.

Aug. 30.— Eat fi. fa. Ret. “nulla bona.”

1803, Ap’] 6.—Ezit alias fi. fa. Post sez. fac.

1803, May 24.—Vend. exp. Post scire facias.

Oct. sess.— Vend. ex. Returned money made $1,357.85.

1 anne nepeaeree " ;

a JANE HERRON ET AL. VS. PHILIP DATER ET AL.

The execution of this writ appears by the annexed return. So

answers. .

; JNO. SMITH, Marshall.

Ret’d 6 July, 1804.

Marshal's Return (Extract).

49 No. 216. One other tract in the name of Joseph Tyson,

containing 453 acres, lying one mile north of a road leading

from Reading to Sunbury, adjoining Doct. Ruston’s and other lands

in Northumberland county, granted per warrant 26th Nov., 1793,

sold to Nicholas Lefavre at the price of 34 cents per acre, $15.85.

217. One other tract in the name of William Elliot, containing

368 acres, on a branch of Roaring creek, adjoining Doctor Thomas

Ruston’s [and] other lands in Catawissa ‘township, granted per war-

rant of same date, sold to Nicholas Lefavre, at 3 cents per acre,

$11.04.

218. One other tract in the name of Lewis Walker, containing

371} acres, lying one mile north of road leading from. Reading to

Sunbury, adjoining Doctor Thomas Ruston’s in said county, granted

per [warrant] of the same date, sold to Nicholas Lefevre at 4 cts. per

acre, $14.85.

50 219. One other tract in the name of William Shannon,

containing 415 acres, lying one mile north of a road leading

from Reading to Sunbury, in said county, granted per warrant of

same date, sold to Nicholas Lafavre for 33 cents per acre, $14.52.

No. 220. One other tract in the name of Nathan’! Brown, contain-

ing 400 acres, on a branch of Roaring creek, adjoining land of

Doctor Thomas Ruston in said county, granted per warrant of same

date, sold to Nicholas Le Fevre for 6 cents per acre, $24.

Amounting in all to $398.26 purchased by N. L.

Amount of John Gibson’s purchase -..-----+---------- $1,094 98

Eee = (ae ake NR RR ERROR REE 398 26

Do a ERE Ril nrearenese acre vent er 18

Do I 3 cic haan uipiacgh ean 4 50

Do ee Ree Peer arom ine: 40

$1,555 74

51 Amount of John Reed’s purchase..--_-----_---- 255 00

$1,810 74

Charges, to wit: |

I eects to srrikeniimmnininenainn $37 40

Execution of writ, return, &c., of sale-____--- 3 73

i isecin iris cnn siaimsiseaiopaddleninseaniicncaite 30 16

Israel Printing Co...------- pik abiia asia aeiatin iis:

aici secasien niente thinness ton cee tatercen' a 5

Duanne, printer, alibabeiin ins inbaidigetscaieiatannill 118 75

LEILA RT ENTER, LOR Coe EE Te 16 85

a a

Or 20 wtih

JANE HERRON ET Al. VS. PHILIP DATER ET AL. 17

Inquisition, fi. fa., return jury, jury, & c'ts.--. $ 9 06

ITAL SST 63 75

Rilf, | RRS NEESER ED 4 67

I iis cise wn men ween 2

Daniel Dimmick, taxes, Wayne Co.-_-------- 116 49

John Boyd, do., North’d Co. ...-..-----.-..--. 24 03

452 89

$1,357 85

Which sum of one thousand three hundred and fifty-seven dol-

lars and eighty-five cents I have to render to the plaintiff, as within

I am commanded.

So answers— J. W. SMITH,

Marshall.

52 Deed—John Smith, marshall—dated 11th October, 1803, to

Nicholas Le Favre for the Lewis Walker tract, three hundred

and seventy-one and one-fourth acres; also including Joseph

Tyson, 453 acres; William Elliot, 368 acres; William Shannon, 415

acres; Nathaniel Brown, 400 acres. Deed acknowledged 11th Oct.,

1803, and recorded in deed book “ B,” pages 14, 15, 16, 17, 18, in the

clerk’s office of the United States court, eastern district of Pennsyl-

vania.

Plaintiffs also offer—

Certified copy of will of Nicholas Le Favre, deceased, dated 21

day of Feb’y, 1815. Will probated 12th of August, 1815, with an-

nexed schedule of lands in Northumberland and other counties,

among them the Lewis Walker tract, 3714 acres, with letters of

administration cum testamento annexo dated 15th of August, 1815, to

Wm. R. Smith, of Huntingdon, Pennsylvania; all the prop-

53 erty of testator devised to his wife and two daughters.

Copy of Will.

In the name of God, Amen; Father, Son, & Holy Ghost. 1,

Nicholas La Favre, formerly of Stillorgan, in the county of Dublin,

lreland, but of late years of the city of Philadelphia, North America,

being of sound mind and memory, for which I return humble &

grateful thanks to my God, knowing the uncertainty of the time

when we shall be called to our last great’account & fearful to delay

longer to dispose of my worldly estate, I do hereby bequeath to my

beloved wife, Ann, and to my two daughters, Maria & Margaret, all

my several properties, real, personal, and mixed, of whatever nature

or kind or wheresoever found. A list of the lands I shall hereunto

annex, and such items of or relating to my other properties

54 as I find to aid them in being known or as my memory shall

best recollect. The first of — lands will be found situate &

lying in thecounties of Huntingdon, Centre, Mifflin, Wayne, Somerset,

Lycoming, Northumberland, and Fayette, all in the State of Pennsyl-

vania — quantities more or less, as may be seen by reference to the

said — list; also thirty-four acres of land in Montgomery

o—d9 |

> 4

-

Bs

eee '

tte CC oe

a

Sn head sn

reece en

ttl,

eT tt

te

18 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

county, in the State of Georgia; eleven thousand five hundred &

sixty-four acres in Orangeburg district, South Carolina, and one

thousand acres in Moore county, North Carolina; as also my

claim on the American Government for five hundred thousand

acres, being the moiety of one million acres situate on the Mobile

river, in the State of Georgia, commonly called the Yazoo claim,

& which is the only property I own purchased from Jo. Barrett,

of Boston, all the other properties having been purchased

5D by me and paid for, except —; and, further, I bequeath to

my said wife and daughters my small estate—p’r simple

house & garden, 4 acres & right of commonage—in the county of

Surrey, England, about 22 miles from London, which I purchased

at a public sale — Garrawary’s coffee-house in 1800, & paid for.

The deeds are in the hands of Mr. Smith, the auctioneer, to whom

I paid the purchase-money & who advised —. [I left him permission

to sell, & thereby avoid extra transfers & expense, as I was going to

America; as also all my properties and claims in Ireland, England,

& the East Indies (the last means my demand of £1,399 10s. 4-. for

interest due by M. Gilaham against him since the year 1793, when

he was one of the Bank of England directors); also all debts due

by me by Edward Kent on his own account or as ex’r to his brother,

the late George Kent, & the said George Kent by his book

56 debt & his legacy to me of three hundred pounds, & for money

lent him by me in his lifetime to a large amount, which I

understand the said Edward Kent, with a wickedness & ingratitude

peculiar to himself, hath, by every trick & litiguous effort, prevented

my family receiving, but also has, by means most singular & un-

precedented, seized in my absence on part of my real estate, & taken

steps, by surrounding the same by a fence, to make it one day his

own. However, I trust my case & my families to the laws of my

country, & to that Being who, in the course of time, pulls to the

ground the man of ingratitude and wicked will.

The debt due me by Nugent, Esq., of the County Cavan, by

bond & warrant, on which execution was issued, I think, prior to

my leaving home in 1798, & and all other debts in Ireland, England,

& elsewhere to my aforesaid three dear relations, and my most

57 excellent wife & my daughters, Maria & Margaret, who never

in a single instance disobeyed me. May God in His mercy

forever bless them. r

I make as a part of my will that the debt due by me to Wm. R.

Smith, Esq., counsellor-at-law of Huntingdon town, in the State of

Pennsylvania, to whom my obligations can never be repaid, be first

paid the debt due by me to him at the time of my decease out of

the next sale or sales following the same. His generous holding to

me in times the worst was unbounden, &, but that he is rich as he

is good, I would largely set him down in this my will. However, as

it is I hereby will and order that on all sale or sales of my several

properties in America that shall take place from and after my death

he shall be allowed & he is hereby authorized to deduct «& re-

58 tain — p’r cent from the gross amount of such sale or sales;

and further — p’r cent. on the proceeds he shall remit in good

¥. DAO ee. as E> So pe en ee

19

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

& safe bills to my wife and two daughters aforesaid, or the survivor

of them, as the case may be, taking from them or the survivor proper

receipts from time to time; and in case of the death of my wife &

daughters then I will the whole I have willed to them to the children

of Maria or of Margaret, or both, forever, share & share alike. Dear-

est and most beloved of my heart, farewell.

N. Le FAVRE.

At Philadelphia 21st February, 1815—fifteen.

In Huntingdon county. Four tracts in Sinking Valley.

NE 65 ga te si de vi ccaailint win ornhe 406,149

, SEES agente ene Ona eR Mba I 405,156

SALAD TIL SOAS: 424,119

| Bes REESE Re PE RTO 449,159

Centre county. Seven tracts in Big Bald Eagle Valley.

I i oes cern mime wenn 412.10

i cease sw anak 412.10

SELL ATMO 412.10

59 And w Sommers... ........ 412.10

Peet memes... on +. -- so 412.10

Merah SOMES... 2. 1... e+. 402.48

iain sinha setuid hove 4 wonmriel 402.48

: On Trough creek the

On.-Trough creek Isaac Harton.--.--. 402.48 : ;

: Elizabeth ones | patent. with. Wan.

R. Smith, Benj. R.

Morgan, his words

Mifflin county, one tract.

to N. Lafavre.

~ Robert Thompson 206 in Greenwood.

This measured on a resurvey

by Monegham but 149 acres.

This tract is near Millerstown,

Kit Coxe resides on it by per-

mission of N. L. Favre.

Township adjoining Jas. Rigar

& Edw. McConely, on the waters,

Cockelamus creek, 4 miles ? from

Millerstown. La Favre has

title deeds and patent.

He should be settled with and placed on the lands, say as a pur-

chaser, at $10 an acre, to pay- of prin. and interest by $100 a year.

Mifflin county continued. §8 tracts.

IN aks: ketch op sell “lesa te caw in 400

ios sah ortho Ssh hin sian siento cho 400

Nahas: stasis t-te hectic cichaeot tinea esboml dh ancabnsie 400

EE ERE RE SAN oe aR ORO ena res 400

hci) Ss Succes onesies ome sti ce on orsaenain 400

I cSicnctnt scales cng Uasbeasbenrnrede sn Shi iain 400

a a cares caciceigien neriiese eait-n in one seeiioninnt 400

2 id Cain pga tiers sane nat Maso Sclmig dhincerek 400

60 I casinos wn avis tet nw sch ae 400

a search da he miei esse Wlilee 400

I chi tac ns csi oaths gaan toracabriediie niin 400

I ci cite ik necks oben mst enon oe ne 400

a oi rei dicnsaditn seit alts encoun 400

i en ncn wince 400

alk sehen iin teh ane 400

John Rubert

=seE@eemwers ee Baste eces Mee awe ee FF owe ew ow ee SS oe ee ce eo

ET AL. VS. PHILIP DATER ET AL.

Mifflin County.

JANE HERRON

om 3

? C Warrantees’ names. Quantity. | Warrant. Surveyed.

e

=

na dt en i 10 Aug., 1793 | Dec., 1793

Le pees ce | ss oe 66

LEB Se 436.51 6 oe és

SOE SG GUNNS cone commas cas ccuess| eee ve oe ae

eB ee 6 i; : a

ee Se ta. hoe ts tnseceniinel alsioniailitndh 438} os “ Jan., 1794

178 | Philip Dar ata enpatinesii miei 432.15 oe oe 6 |

ek) ee aa 403.137 oe oe 66

6k ear pen ae ve 6 6

8 es en ee wt vs ) be

ELLE fy 6 v6 ve

i §e. eae 6 6 6

BOG | CORR Biel? .....cnncne - ac nimmiiiaadl 440 is us | a

61 |

ESE. < ce 6

190 | Rob’t Dunken -------- .__- iain aha 426} 64 v6 6

ee ee i i wisoupibicnin ‘oldiveias igiinne wate 4384 4 we v4

ee Fe, me 64 66 | 6

These are the 17 tracts that the villain, Wm. Williams, swindled

me out of. He paid by bills of R. House in Havana on London.

Acceptors’ and endorsers’ names were forged. I lost the above 17

tracts, which I could have afterwards sold at vendue for cash, in

Baltimore, at 663 per acre; besides that I had loaned to the said

Williams, as a difference or balance, $300 & $16—change he owed

me, but never repaid. , |

Mr. Reynolds has named $100 & expenses to surrender the eleven

tracts he holds. I have in return requested he would save what the

expenses would amount to. He has never given to me an answer

to this question.

62 Wayne county (now Pike, formerly Northampton).

Daniel Broadhead, Jr. -_--_- 400 Survey of this tract not re-

turned to the land office. See

my letter to Sam’l D. Frank,

Esq.

a . 324

|, 424.55

Wm. Jayne_._----- stiibescataious 400.155

Jonu Sanders .............. 4023

eens Seereon ............. 407.35

Wm. Dursley ............. 4273

Tabithy Horton_------ - ——

Joseph Heaton --. ~-------- 368.130

ee 400.150

Henry Namohy----------- 410.60

Richard Lewis ------- $715 496.13

,

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

Solomon Cassabalt_-.---.-. 417.112

Jacob Winnings----------- 424.80

Philip Place ____-___- 425% 409

The taxes of the above paid up to the year 1814, included. They

must be at all times paid up or the commissioners will sell them off,

which will cause injury and heavy loss. The map of this county is

in my possession, & each tract can be found, as it is divided,

63 each tract numbered, & by looking at the printed index ref-

erence at once can be had.

Somerset county (formerly Bedford).

Acres. Names of warrantees. Township.

a, Silas English_----~-- wiaiacaind Southampton.

EE ais srn cayin Cesar A. Rodney---.---- Alleghany.

eae kn eee . Southampton.

ee Isabella Somerville___--- Elk Lick.

5 Conrad Wyman --------- Southampton.

a George Wyman --_-----_- is Alleghany.

DE witli eninge Catharine Wyman--_-_-_--- do.

9092... .... Ae? AGems.......-..- do.

NEE Kicdncewintinininah bo Southampton.

SRE eRe wim, beeen ............ do.

Ne Sarah Finnamore --.._--- Alleghany.

oe ECE Mary Wadman---.------ Southampton.

Goa eeman Ann Wedman ........<- do.

| re Thos. 8. Armstrong - -.--- Alleghany.

a ee John Renshaw___------- Elk Lick.

Soee....--i-.. Mary Vandyck--_-_------- Southampton.

aera: Bertha Young ---------. do.

SERRE Cn jeseo Cutnall ....... .... Alleghany.

64 The warrants bearing date 19 July, 1793, surveyed in

August, &c., 1794.

Somerset (late Bedfor d) county.

A sic sie ssn sprain indicate ae plaints ie trainee ieinlathe Samuel Dunlap.

LOE ON ae

I sak is os cilos sactscebihs sk dasha a iercn-eecaal Areibon sacs .George Hafner.

417% iss cls cc uaa sacle acne louse mciaiohioeimim eae Wm. Allbricks.

ERR REASERE RR ree fone praca terete cvs amen eN ante remeRE Susanah Brown.

ERREE EL See ROEEae 2 coe yk Re ag TI ENERa MT EoaE Se Thos. Cave.

SE sicktol ecsihadinian eid tiabsndesewenabang dike nanan James Tate.

SI sli cad eicisciscn exc wa uecsiaaen aan eon piciceidanlaialanasina Adam Brittle.

TNE ersicedhsiseiies mnalion Kann eae ono aaa alank aooenaaella Mary Simpson.

I ka acnsahcibes actin kein: tous lsh usable’ ssf vn wc

AE esses sense nc sive sentence gil aims ini James Gregory.

WI ik ashidovms st ms arieems eens el ad eeeaaiae Mary McBride.

BE iii nic wm mons oes * SE inline ie Rachel Tempest.

I in ews: sn nnan acu insipid een sts sto -Adam Esler.

ORR ATSDR GLE EON OS Re ESD Arthur St. Clair.

22 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

The warrants dated 19 July, 1798, surveyed in March, &c.; 1794.

65 Lycoming County (formerly Northumberland).

Warrantees’ Names. Quantities. Situation. |

Wm. Ellis 389.5 On the south side of the west

branch of theSusquehanna,

in Washington township.

Warrant dated 27 Ap’,

1792; surveyed 11 Oct.,

1793.

In Black Hole Bottom, on

which one Moses Hood now

resides, in Muncy township.

Find the warrantee’s name

3 from Wm. Hollingsworth.

George Long A! On a branch of Mill creek, in

Muncy township, in Lyco-

ming county. Warrant 27

Ap’!, 1792; surveyed 7 Oct.,

1792.

James Long Adjoining ditto tract & others.

: Warrant 27 Ap’!,1792; sur-

veyed 7 Oct., 1792.

(*Elizabeth Hillzheimer-.4003 In Muncy township, 190.

Hannah Hillzheimer----438 Adjoining 4 191.

} Fred’k Beates -. bie 192.

) John Parker, Jr 193.

John Parker, | AO. : . 194.

| Elizabeth Beck, Jr.------4213 ; 195.

66 *These six tracts are of the 56 assigned by Jos. Maitland.

{lod poop sty

908 SSIOGUINU S,[BVYSIVUL OY} OSI,

{James Morril Adjoining township, 185.

Wm. Gardner 6 i 186.

eS 399 . ‘187.

John Swope ? 188.

Mary Hiltzeimer-_-- « 189.

These five I late bought from J. Maitland.

The warrants dated 22d March, 1793.

Surveyed in August, 1794.

Northumberland County.

Marshal’s

No.

210. Joseph Tyson----453. Onabranch of Roaring creek, Catawi issa

217. William Elliott_. 368.

218. Lewis Walker -_-3713.

219. Wm. Shannon __415.

221. Nath’l Brown ._--400.

Warrants dated 26th Nov., 1798.

Surveyed in Oct., &c., 1794.

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 23

Abram Scott, 3443, in Shamokin township, who vests in Dean,

who sells to N. Le Favre, Northumberland county.

Warrant dated 5 Dec., 1793.

Surveyed 7 Dec., 1802. Patent, &c., in my hands.

67 Fayette County.

Simon Truby 402 | In Bullskin township on Green &

Peter Dick -. Salt Lick creek.

John Dugan Ditto.

John Douglass Poplar Run, branch of do.

Simon Douglass Mount Creek.

Wm. Douglass Green Lick & Salt creek.

James Dugan , Adjoining Js. & Simon Truby’s land.

Andrew Douglass } Mount creek.

James Truby ¢ Salt Lick creek.

Wm. Dugan or Dyan_--413 Mount creek.

Note-—The above 10 tracts were among the first assignment of

the 56 tracts. |

Dated 9th February, 1807.

Wm. Douglass_-_------- 404? is the one held by Col. Isaac Mason.

Simon Truby 402 . : John Lyon.

James Truby 7 ss is : Do.

The following ten tracts are of the late purchase made of Jos.

Maitland for $1,000, say in May last, 1814, 1, 2, 3, 4, 5, 6, 7, 8, 9,

10. Wm. R. Smith will find the warrantees’ names and quantities

in the deed (parchment) he took last with him to send to Union-

town to get recorded, and he will do well to be careful of his

68 sending it by a safe hand, so as to get it back to himself to

place the names to the lines above. Though L. F. has the

names somewhere, he cannot at this moment find them, & he he

cannot beareas to retain this paper, having promised Mr. Smith to

forward to him the entire N. L. F.

PHILADELPHIA, 23 February, 1815.

David Allison 1,000. Moore county, North Carolina, one

tract patent. The originals.

Elias Bates 11,654. In Orangeburg district, South Caro-

lina, 12 plats or grants. The

originals. -

James Shorter------ 34,000. County of Montgomery, in theState of

Georgia. Remarks on the above.

The letter of Moultrie, Esq., formerly att’y gen’l of Georgia, brother

to the commodore, is the best document the present proprietor has

to satisfy engineers, & from the excellent and honest character of

the writer there could scarcely be a better. <A letter in 1814 was

written on the same subject by James M. Wayne, Esq., couns.-at-

law, Savanneh, So. Carolina, equally strong, & valuing them at $——

per acre. The letter was written to R. Leake, Esq. See the copy.

24 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

69 Of the 10 tracts in Fayette county — are of great value,

say $2 to $10 per acre. L. F. was on these lands. The 10

acres joining ditto are of the same quality & value. The 18 tracts .

in Somerset is where I laid out the intended town of Alleghany, «&

the 15 tracts purchased from Nicklen, Esq., run so entangled,

intermixed with them, that I was induced to purchase them. The

7 tracts in Big Bald Eagle Valley are certainly a: good lands as

those in Sinking: Valley, & will, not at a far day, bring from $3 to

$15 per acre. I speak as I really believe; the town or village, 200

acres & lots—No. 1—must con mand a high price, provided a clever

man—z2 or 3—shall be put on vhe paid lands to begin the intended

improvement.

The 2 tracts on Trough creek Benj. R. Morgan, Esq., I am con-

vinced, would settle, for, agreeably to his words, which with his’

permission I wrote down and handed him to read. He read and

said they were correct & — would do as therein stated.

70 [As to] 1 tract in Mifflin county, it is only necessary to

have an interview with Kit Coxe, who- I permitted to continue

on the tract in 1812 & tosell him the tract, say $ per acre, he to

ay $ per annum until the prin. and int. should be paid off.

The 16 tracts in Mifflin county Mr. Monaghan should be earnestly

called upon to make return of to land office. He answered me him-

self, in 1811 & 1812, that he would closely and strictly examine all

warrants or tracts taken up since the date of my warrants, & if he

found any after-date to them he would return them—he would

return them to the office as belonging to me.

[As to] the 16 tracts in Wayne county, I have written fully to

Sam’! D. Franks, Esq., & I have no doubt he would do the needful.

PHILADELPHIA, August 12, 1815.

Then persunally appeared John Simpson, of the city of Philadel-

phia, merchant, and on his solemn oath, according to law,

71 did depose and say that he was well acquainted with Nicholas

Le Favre, the testator in the annexed will named, in his

lifetime, and is well acquainted with his handwriting, having often

seen him write his name; that he has viewed the aforesaid will and

the schedule therein referred to, and that the whole thereof is of the

proper handwriting of the said testator to the best of his knowledge

and belief. And on the same day did personally appear Michael H.

Anthony, of the said city, jeweler, and on his solemn oath, accord-

ing to law, did depose and say that he was well acquainted with

Nicholas Le Favre, the testator in the annexed will named, in his

lifetime, and is acquainted with his handwriting, having seen him

write; that he has viewed the aforesaid will and the schedule therein

referred to, & the whole thereof is of the proper handwriting of the

aforesaid testator to the best of his knowledge and belief.

JOHN SIMSON.

MICHAEL H. ANTHONY.

Sworn the day and year above said before— —

SAM’L BRYAN, Register.

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

72 City AND CouNTY OF PHILADELPHIA, 88:

: REGISTER’Ss OFFICE, March 21, 1854.

I, William Bowers, Esquire, register for the probate of wills and

[seal granting letters of administration in and for the city and

“FI county of Philadelphia, do hereby certify the foregoing

writing to be a full, true, and correct copy of the last will and testa-

ment of Nicholas Le Favre and the schedules therein referred to, as

well as the probate thereof, as the same remains filed and recorded

in this office.

Given under my hand and seal of office this twenty-first day of

March, anno Domini eighteen hundred and fifty-four.

WM. BOWERS, Register.

73 Plaintiffs also offer certified copy of record from the orphans’

court of Philadelphia county in the matter of the estate of

icholas Le Favre, dec’d, containing the petitions of Wm. R. Smith,

Am’r, cum testamento annexo, of the estate of Nicholas Le Favre, dec’d,

or order of sale to pay debts of said decedent, and proceedings there-

on, and the deed of Wm. R. Smith, adm’r of Nicholas Le Favre, dec’d,

dated 9th of May, 1837, to Joseph Brobst for five tracts of land, includ-

ing Lewis Walker tract, William Elliot, William Shannon, Nathaniel

Brown, and Abraham Scott. This offer — for the purpose of show-

ing a sale and conveyance of the title of Le Favre to Joseph Brobst.

Counsel for the defendants objects to the said record and deed be-

cause the debts of the decedent as set forth in the petition of

74 the administrator to pay, which the order of sale issued, were

barred by the statute of limitations, their lien extinguished,

and would not give jurisdiction to the orphans’ court to grant such

order.

Exceptions overruled, evidence admitted, and this bill sealed at

the request of counsel for defendants.

M. W. ACHESON.

In the Orphans’ Court for the County of Philadelphia, held

[sEAL.] on the sixteenth day of January, A. D. 1818.

In the Matter of the Estate of Nicnootas Le Favre, Deceased.

The following settlement of the estate of said Nicholas Le Favre,

deceased, — and was presented to the court for confirmation and

allowance according to law, to wit:

75 The administration account of William R. Smith, admin-

istrator, cum testatmento annexo, of the estate of Nicholas Le

Favre, deceased.

The administrator states the personal property of the deceased to

be as follows, viz:

1817.

No. 1. Sundry pictures, consisting of oil and other paint-

ings, now in the possession of Mr. John Simpson,

he stating that he has a claita thereon, as p. list

and appraisement filed

4—399

26 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

No. 2. Sundry. books, maps, and prints, now in the posses-

sion of Mr. John Simpson, he stating that he has

a claim thereon, as p. list and appraisement filed. 129. 25

No. 3. Balance of cash in the hands of Joseph Nourse, Esq.,

after paying all funeral and other expenses, as p.

NURINERIING TIO i.e ki 60 is bench ides Keds 36 59

The administrator stated that the following debts due by the de-

ceased have been exhibited:

1817.

No. 1. Debt due George Hey], as p. acc’t filed -..----.---- 25 50

No. 2: Debt due Charice Minor,“ = = —.......... 6 56

76 No. 3. Debt due Charles S. Coxe, as p. ace’t filed-._. 32

me 4. 5 oS See eee een. a8 pp. OU ae

No. 5. Debt due William Rawle, Esq.,asp. “ “ ---- 280

No.6. “ “ William R. Smith, as p. 7. Ge a eo

no. 7." “ “Qe Wells, of Gomertet.... 2.5. oaannt

No. 8 \ Pep 4h. POEs oe Se <tc Ein

No.9. ‘“ “ Moses Levy, Esq., for legal services rend-

ered estate since administration ----..--..---.-

The administrator paid the register for examining and

passing this account, and for copies, seal, and certificates,

and for issuing of the intended confirmation of this ac-

noun Oy etuneer court . uo a ea See

William R. Smith, above named, on his solemn oath, according

to law, deposes and says that the above statement is just and true to

the best of his knowledge and belief.

WM. R. SMITH.

Sworn and subscribed the 2d day of December, 1817, before-—

SAMUEL BRYAN, Register.

v7 Crry anp County oF PHILADELPHIA, 88:

I certify that the above writing is a true copy of the original on

file in the register’s office at Philadelphia.

Given under my hand and seal of office this 14th day of January,

anno Domini 1818.

[SEAL. ] SAM’L BRYAN, Register.

Whereupon it appearing to the court, by the certificates of the reg-

ister under his seal of office, that due proof by deposition had been

taken by him of the legal requisite notice of the presenting of said

settlement to the court for confirmation and allowance aforesaid, and

no —— appearipg to contest the same, it is ordered that the said

settlement be contirmed absolutely, unless exceptions be filed thereto

on or before the next stated orphans’ court.

78 At an Orphans’ Court in the County of Philadelphia, held at

Philadelphia on the fifteenth day of November, A. D.

eighteen hundred and thirty-six.

In the Matter of the Estate of Nicnonas Le Favre, Deceased.

William R. Smith, of Bedford county, administrator, with the will

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 27

annexed, of said decedent, presented a petition setting forth that the

said Nicholas Le Favre died in the year 1815, having first made his

last will and testament, bearing date February 21, 1815, and in the

said last will made a schedule of lands in sundry counties in Penn-

sylvania as his property, and also acknowledged a large debt due by

him to the said Wm. R. Smith, and directed him, the said William,

tosell such part of his real estate as would be sufficient to pay

79 his debts, with the remainder for the benefit of his, the said

Le Favre’s, heirs, and also directed that the said W. R. Smith

should have a reasonable percentage on all sales made and money

remitted to the said heirs.

That no executor as such was named in the said will; that let-

ters of administration, with the will annexed, were granted to the

said W. R. Smith on the estate of the said Le Favre by the register

for the city and county of Philadelphia on the 14th August, 1815.

That the administration account of the said Wm. R. Smith, ad-

ministrator as aforesaid, was finally confirmed and ratified by the

orphans’ court of the said city and county on the 16th Jan’y, 1818,

whereby it appeared that the sum of $2,930.52 were exhibited as

real debts due by the estate, and sundry other debts were also due,

amount then not ascertained, and also that no personal property

whatsoever had come or could come tu the hands of the said

80 adm’r, except the suin of $36.59, balance remaining in the

hands of Joseph Nourse, of the city of Washington, after the

payment of the funeral and other expenses, as by voucher filed,

which said sum was allowed to the said Joseph Nourse for his trou-

ble and expenses in attending to the affairs of the deceased.

That after the death of the said testator the said administrator, as

aforesaid discovered that the lands of the said deceased were un-

seated and principally mountain lands, the greater part of which

had been sold for county taxes and the titles much involved.

That the said administrator sent a copy of the wil! to Ireland to

the two daughters of the deceased, who were intermarried, respect-

ively, with Valentine Dillon and William C. Donoughue, and that

the said sons-in-law came to Pennsylvania in 1816 or 1817, and —

the true situation of the landed estate of the deceased and the

$1 magnitude of his debts. They both returned to Ireland

without taking any steps to relieve the estate or to settle the

same, and the said administrator has not since heard from them.

Neither has he had, since the death of the deceased up to the time

of presenting this petition, funds in his hands to pay the debts of

the deceased or the interest on the same, but the said debts have

been accumulating and the lands of the estate more involved in

debt for county taxes and the titles to the same rendered more in

tricate by reason of the several treasurer's sales of the same.

That within one vear past the said administrator has been in-

formed by his agents and others that the unseated lands of the

estate which lie in the counties of Northumberland, Columbia, &

Lycoming may yet be made available for raising a fund to pay the

debts, or a part of the same, of the suid Nicholas Le Favre

82 by means of compromising with and selling to the different

28 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

persons who are now claiming the same by virtue of the

treasurer’s and other conflicting titles, and that such compromises

and sales, if effected, will be an actual benefit to the estate, as the said

lands have been long since regarded as a total loss to the said estate;

that the debts of the said estate, as actually exhibited and proved

in the final settlement of the said administration account, — at this

time to the sum of $6,200 and more.

That other debts exist against the estate believed to — about $2,000

at this time, but which have never been liquidated, as the estate

was supposed to be insolvent.

And, therefore, praying the court to make a decree authorizing

the said W. R. Smith, adm’r, with the will annexed, of Nicholas Le

Favre, deceased, to raise the sum of ten thousand dollars out of the

real estate of the said Nicholas Le Favre, situate in the

83 counties of Northumberland, Columbia, and Lycoming afore-

said, or so much money as the court may think necessary for

the payment of the debts of said deceased, according to the provi-

sions of the 32d section of the act of assembly of the 29th March,

1832, entitled an act relating to orphans’ court:

Whereupon the court, upon due proof (a schedule of all the lands

wherever situated being also vresented with the above petition),

granted the prayer of the petitioner, and awarded a decree to raise

the sum of $10,000 out of the real estate aforesaid.

O. G., July 20, 1838.

In the Matter of the Estate of Nicnoias Le Favre, Deceased.

The proceedings had in the county of Northumberland, under a

decree of this court of 15th of November, 1836, to raise the

84 sum of ten thousand dollars for the payment of the debts of

the decedent, were presented to the court and ordered to be

filed, to wit: .

NORTHUMBERLAS DvD COUNTY, 88:

At an orphans’ court, holden at Sunbury, for the county of North-

umberland, the first Monday, to wit, the second day of January,

anno Domini 1837, before the Honorable Ellis Lewis, Esq., pres-

ident, and his associates, Jacob Gearhart and George Weiser, jus-

tices of the same court.

The petition of Gen'l W. R. Smith, of Bedford county, Pénnsvyl-

vania, administrator, cum. testa. anno, of Nicholas Le Favre, of the

city of Philadelphia, deceased, was preferred to the court, humbly

showing that the orphans’ court of the county of Philadelphia, on

the 15th day of November, 1836, authorized your petitioner to raise

thesum of ten thousand dollars for the payment of testator’-

85 debts by the sale of the real estate of said testator situate in the

counties of Lycoming, Northumberland, and Columbia, as by

the decree of the orphans’ court aforesaid, now exhibited, appears. :

That the said testator died seized of the following real estate in

the county of Northumberland, to wit: One tract surveyed under a

a ee

See eeamiliie. 3

—_— -— —<_ a

——

nn Ea blyA 1

ee oF BN, Tare oe

maa Cen eee ee eg wee Se

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 29

warrant in the name of “Abraham Scott,” in Shamokin and Little

Mahonoy townships, containing 342 acres, more or less, adjoinin

lands in the name of John Cook, Samuel Scott, Daniel Campbell,

and others; part of a tract surveyed under a warrant to “ Joseph

Tyson,” containing in all 453 acres, more or less, of which about

227 acres, more or less, are in Shamokin township, said county ; the

said tract is intersected east and west by a housed of Roaring creek

and adjoins lands in the names of William Elliot, Thomas Rees,

and others; a tract surveyed under a warrant to William

86 Elliott, containing 368 acres, more or less, adjoining the above,

and lands in the name of Mary Myers, Lewis Walker, and

others, on or near said Roaring creek, formerly in Catawissa, now

in Shamokin township; a tract surveyed to “ Lewis Walker.” con-

taining 371 acres, more or less, adjoining, and lands in the name

of John Reynolds, N. Brown, and others, on or near a branch of

Roaring creek, formerly in Catawissa township, now in Shamokin

township; a tract surveyed to William Shannon, containing 415

acres, more or less, adjoining the last and other lands, formerly in

Catawissa township, now in Shamokin township, in said county ;

so much of a tract formerly in Catawissa township surveyed to

“ Nathaniel Brown,” containing in all 400 acres, more or less, as lies

in Shamokin township, in said county, supposed to be about 250

acres, more or less, adjoining the Last described tract, and lands in

the names of Lewis Walker, Robert Irwin, and others.

87 The peti-oner, therefore, preys your honors to permit him

to make sale of the lands above described for the purpose of

raising the aforesaid sum of ten thousand dollars for the payment

of the debts of the said testator.

Whereupon, January 14th, 1837, petition read, and the court decree

the whole of the lands to be sold. |

By the court.

NORTHUMBERLAND County, 88:

At an orphans’ court, holden at Sunbury, for the county of North-

sabesland. the first Monday, to wit, the third day of April,

eighteen hundred and thirty-seven, before the Henorable Ellis

Lewis, Esq., president, and his associates, Jacob Gearhart and

George Weiser, Esq., justices of the same court.

The report of William R. Smith, of Bedford county, adm’r,

88 cum testamento annexo, of Nicholas Le Favre, of the city of

Philadelphia, deceased, was preferred to the court, — respect-

fully represents that in pursuance of an order of the orphans’ court

of the county aforesaid, made on the 14th day of January, 1837, he

did expose the lands in said order mentioned to sale by public vendue

or outery (having given due, public, legal, and timely notice of the

time and place of sale) on Saturday, 25th day of March, 1837, and

sold the same as follows, viz:

he tine = pA SAO.” 2s

SR ane, eT OT ee hae

ial AABN A. Tomeaey

30 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

The tract in the name of Abraham Scott; containing 342

acres, more or less, to Joseph Probst, Catawissa, for------ $25 50

The part of a tract in the name of Joseph Tyson, viz: 227

a’s, more or less, in Shamokin township, to William

Clyde, of Northumberland, for two hundred and seventy

OOM Scien s odds cae tee eee 270 00

89 The tract in the name of William Elliot,containing ~

360 a’s, more or less, to the said Joseph Probst, for

the sum of four hundred and sixty dollars___..--_--~-- 460 00

The tract in the name of Lewis Walker, containing 371 a’s,

more or less, to the said Joseph Probst, for the sum of

five hundred and fifty-five dollars..-.---------.------ 555 00

The tract in the name of William Shannon, containing 415

a’s, more or less, to the said Joseph Probst, for the sum :

of six hundred and twenty-five dollars _....-..------- 625 00

So much of the tract in the name of Nath’! Brown as lays in

Northum’d county, in Shamokin township, supposed to

be 250 acres, to the said Joseph Probst, for the sum of two

hundred and seventy-five dollars .......--.---------- 275 00

$2,210 50

90 Amounting in the whole to the sum of two thousand two

hundred and ten dollars fifty cents,.on the following condi-

tions: } of the purchase-money to be paid down, the balance on the

confirmation of the sale and execution and delivery of the deed; .

the purchaser to run all risks as to title and quantity—they being

the highest and best bidders, and those the highest and best prices

bidden for the same—which sale so made the said administrator

prays may be confirmed.

Whereupon, April 10th, 1837, report read and confirmed nisi.

And now, to wit, April —, 1837, confirmed absolutely.

By the court. :

NORTHUMBERLAND COUNTY, 88:

I, Jacob Bright, clerk of the orphans’ court of the county aforesaid,

do certify the proceedings to be truly transcribed from the

91 records of the said court. |

[In testimony whereof I have hereunto affixed the seal of

said court and subscribed my name this lst day of May, A. D. 1838.

(SEAL. ] | JACOB BRIGHT, Clerk.

COLUMBIA COUNTY, 83:

Amongst the records and proceedings of the orphans’ court of said

county it 1s thus contained:

The petition of Gen'l W. R. Smith, of Bedford county, Penna.,

adm’r of Nicholas Le Favre, late of the city of Philadelphia, dee’d,

was preferred to the court of —, humbly showing that the orphans’

court of the county of Philadelphia, on the 15th day of November,

A. D. 1836, on the petition of the said adm’r, did decree a sale of

the real estate of the said testator, situate in the county of

PA eee

EAS] me eres re SE Ea eS ban oe eS.

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 31

92 Northumberland, Columbia, and Lycoming, to raise the sum

of ten thousand dollars for the payment of the debts of said

testator, as by the decree of said court now exhibited appears; that

the said testator died seized in his demesne as a fee of and in a tract

of land surveyed to Nathaniel Brown, containing in all four hun-

dred acres, more or less, adjoining tracts in the — of Lewis Walker,

Robert Irwin, and others, one hundred and fifty acres, more or less,

of which tract of land surveyed to Nathaniel Brown is situate in

Roaring [Creek] township, Columbia county.

The petitioner therefore prays your honors to grant him an order

to make sale of so much of the tract of land surveyed to Nathaniel

Brown as is situated in Roaring Creek township, Columbia county,

for and towards raising the sum of ten thousand dollars for the pay-

ment of the testator’s debts as decreed by the orphans’ court of the

county of Philadelphia.

93 Whereupon, January the 17th, 1837, said petition was read

and the prayer thereof granted.

By the court.

Report.

The report of Gen. Wm. R. Smith, administrator, &c., of Nicholas

Le Favre, late of the city of Philadelphia, dec’d, was preferred to

the court— |

Setting forth that in pursuance of an order of the said orphans’

court made the 17th day of January, A. D. last he did expose to

sale by public vendue or outcry at the court-house in Danville on

the 27th day of March last, having given due, legal, and timely

notice of the time and place of sale by hand-bills and publication

in a newspaper printed in the said county, and sold the same therein

contained, viz: So much ofa tract of land surveyed in the

94 name of Nathaniel Brown as is situated in Roaring Creek

township, Columbia county, being one hundred and fifty

acres, more or less, and adjoining the other part of said tract, and

sold the same to Joseph Probst, of Catawissa, for the sum of two hun-

dred and ten dollars, one fourth of the purchase-money to be paid

down and the balance on the confirmation of sale and execution

and delivery of the deed, he being the highest and best bidder for

the same, which sale, so as aforesaid made, the said administrator

prays may be confirmed by the court.

Whereupon, April 17th, 1837, said report is read and confirmed nisi.

By the court.

CoLUMBIA COUNTY, 88:

I, James Donaldson, clerk of the orphans’ court of said county,

do certify that the foregoing is a true copy of the proceedings as

appears of record in the foregoing case.

95 In testimony whereof I have hereunto aflixed my seal of

office and subscribed my name this 3d day of May, A. D.

1838.

[SEAL] JAMES DONALDSON,

| Clerk, O. C.

32 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

To the honorable the judges of the orphans’ court of Philadelphia

county :

William R. Smith, of Bedford county, Pennsylvania, adminis-

trator, with the will annexed, of Nicholas Le Favre, formerly of the

city of Philadelphia, dec’d, most respectfully reports:

That on the 15th day of November, 1836, at an orphans’ court

held for the county of Philadelphia, your reporter presented his

petition, setting forth, among other things, that the said Nicholas

died in the year 1815, having first made his last will and

96 testament, dated February 21st, 1815, and in said will made

a schedule of lands in sundry counties of Pennsylvania, and

acknowledged a large debt due from him to your petitioner.

That your reporter’s administration account was finally confirmed

and ratified by the orphans’ court of the county of Philadelphia,

on the 16th day of January, 1818.

That the debts of the estate of the said Nicholas Le Favre as

actually entitled and proved in the final settlement of the said ad-

ministration account amounted, on the said 15th day of November,

1836, to the sum of six thousand two hundred dollars and more,

and praying said court to make a decree authorizing the said peti-

tioner to raise the sum of ten thousand dollars out of the real estate

of said testator, situate in the counties of Northumberland, Colum-

bia, and Lycoming, or so much money as the said court

97 might think necessary for the payment of the debts of said

intestate, which prayer of your petitioner on the said 15th

day of November, 1836, was accordingly granted. |

Whereupon your reporter, at an orphans’ court held at Sunbury,

for the county of Northumberland, on the 14th day of January,

1837, presented his petition praying the said court to grant him an

order to sell the following real estate in the county of Northumber-

land for the purpose of raising the aforesaid sum of ten thousand

dollars, to wit, one tract of land, surveyed under a warrant in the

name of “Abraham Scott,” in Shamokin and Little Mahanoy town-

ship, containing 342 acres, more or less, adjoining lands in the name

of John Cook, Samuel Scott, Daniel Campbell, and others; part of a

tract of land, surveyed under a warrant to “Joseph Tyson,” con-

taining in all 453 acres, more or less; about 227 acres, more

98 or less, are in Shamokin township, Northumberland county ;

the said tract is intersected east and west by branch of Roar-

ing creek, and adjoins land in the names of Wim. Elliot, Thomas

tees, and others. :

Also a tract of land; surveyed on a warrant to “ William Elliot,”

containing 368 acres, more or less, adjoining the above and lands in

the names of Mary Myers, Lewis Walker, and others on or near

said Roaring creek, formerly in Catawissa, now in Shamokin, town-

ship.

Also a tract, surveyed to “ Lewis Walker,” containing 371 acres,

more or less, adjoining the last tract and lands in the names of

John Reynolds, N. Brown, and others on or near a branch of Roar-

ng creek, formerly in Catawissa township, now in Shamokin town-

ship. 7

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 33

Also a tract of land, surveyed to “ William Shannon,” containing

415 acres, more or less, adjoining the last and other lands, formerly

in Catawissa township, now in Shamokin township.

99 Also so much of a tract formerly in Catawissa township

surveyed to “ Nathaniel Brown,” containing in all 400 acres,

more or less, as lies in Shamokin township, Northumberland county,

supposed to be about 250 acres, more or less, adjoining the last-de-

scribed tract and land in the names of Lewis Walker, Robert Irwin,

and others.

Which said petition, on the 14th day of January, 1837, was granted

by the said court. In pursuance of which said order and decree

the said petitioner did, on the 25th day of March, 1837, at the court-

house, in the borough of Sunbury, in the county of Northumberland,

expose the said lands to sale by public vendue or outcry, having

given due, legal, and timely notice of the time and place of sale agree-

ably to the order of court, and sold the tract in the name of “Abra-

ham Scott,” containing 342 acres, more or less, to Joseph Brobst, of

Catawissa township, Northumberland county, for the sum of

100. twenty-five dollars and fifty cents.

The tract in the name of “ Wm. Elliot,” containing 368

acres, more or less, to the said Joseph Brobst, for the sum of four

hundred and sixty dollars.

The tract in the name of “ Lewis Walker,” containing 371 acres,

more or less, to the said Joseph Brobst, for the sum of five hundred

and fifty-five dollars.

The tract in the name of “ William Shannon,” containing 415

acres, more or less, to the said Joseph Brobst, for the sum of six

hundred and twenty-five dollars. |

So much of the tract surveyed on a warrant in the name of

“Nathaniel Brown,” containing in all 400 acres, more or less, as lies -

in Shamokin township, Northumberland county, supposed to be

250 acres, more or less, to the said Joseph Brobst, for the sum of two

hundred and seventy-five dollars.

And so much of the tract surveyed on a warrant in the

101 = name of “ Joseph Tyson” as is situated in Shamokin town-

ship, Northumberland county, being 227 acres, more or less,

to William a of Northumberland, for the sum of two hundred

and seventy dollars, they being the highest and best bidders, and

those the highest and best prices bidden for the same, which said

sales, on report thereof made to the judges of the orphans’ court of

Northumberland county aforesaid at April term, 1837, were confirmed

by the said court, as by the proceedings of said court hereto annexed

appear.

And your said reporter further reports that in pursuance of said

order and decree of the orphans’ court of the county of Philadelphia

he did, on the 17th day of January, 1837, present his petition to the

judges of the orphans’ court of Columbia county to grant him an

order to make sale of the following real estate in the county of Co-

lumbia to raise the sum of $10,000 for the payment of the

102. debts of said testator, to wit: 150 acres of a tract of land,

more or less, surveyed on a warrant in the name of “ Nathaniel

5—399

34 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

Brown,” adjoining tracts in the names of Lewis Walker, Robert Irwin,

and others, in Roaring Creek township, Columbia county. The

whole tract contains 400 acres, more or less. |

Which petition, on the 17th day of January last aforesaid was

granted.

In pursuance of which order your reporter did, on the 27th day

of March, 1837, at the court-house in Danville, expose that part of

said tract of land situate in Columbia county in the name of “ Na-

thaniel Brown” to sale by public vendue or outcry (having =

due, legal, and timely notice of the time and place of sale), and sold

the same to Joseph Brobst, of Catawissa township, Columbia county,

for the sum of two hundred and ten dollars, he being the

103 highest and best bidder and that the highest and best price

bidden for the same, which sale so made, on report made to

the judges of the orphans’ court of Columbia county aforesaid at

April term, 1837, was confirmed, as by the proceedings hereto

annexed appears.

That from great lapse of time and other causes much difficulty

has been experienced in realizing any amount for the payment of

the debts of the said deceased, which were chiefly due to your reporter,

and he therefore agreed to allow and has allowed for assistance and

agency and as a means of compromise one equal third part of the

proceeds of said sales, which being deducted from the gross amount

of sales leaves for distribution in the hands of your reporter, and

the total amount he has received, in discharge of debts due by the

estate of N. Le Favre, the sum of sixteen hundred and thirteen dol-

lars and sixty-seven cents. |

104 That the just debt of your reporter, principally due for cash

lent and advanced to the deceased in his lifetime, acknowl-

edged in his will and bearing interest to the first of April, 1837,

amounts to the sum of four thousand seven hundred and twelve

dollars and sixty-three cents.

That the only other creditors of the deceased who are now sup-

posed by your reporter to have any claims against the estate of said

deceased are those stated in the administration account of your re-

porter, and whether those accounts as so stated are all justly due

and uncertain.

The reporter therefore prays that his proceedings as aforesaid

may be confirmed.

And your reporter will ever, &c.

WM. R. SMITH,

Adm’r Cum Test. Anno. of N. Le Favre, Dec’d.

105 O. C., September 7th, 1839.

The following petition was presented :

To the honorable the judges of the orphans’ court of the county of

Philadelphia :

The petition of Alexander Jordan, surety of William R. Smith,

administrator, with the will annexed, of Nicholas Le Favre, deceased,

respectfully showeth—

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 35

That under the decree of this honorable court and of the orphans’

court of the counties of Northumberland and Columbia sales were

made by the said administrator of certain unimproved lands, late of

the said decedent, situated in those counties (as appears by the

records of this court), to which a return of said sales was made by

the said administrator. :

That the said administrator is, and for a long time has been,

absent from this Commonwealth, and there is reason to be-

106 __—ilieve that he will remain absent for a long time to come.

That part of the money arising from the sales of said lands

remains due and unpaid by the purchaser thereof, as your petitioner

is informed and believes.

That by an administration account filed by the said administra-

tor in the office of the register for the probate of wills, &c., for the

county of Philadelphia, on the 2d of December, 1817, it appears that

there are several creditors of the said decedent who, as your peti-

tioner is informed and believes, have never yet been paid any por-

tion of their respective claims, except the administrator himself,

who has retained for his own debt.

Your petitioner, tlerefore, for his greater safety as surety of the

said administrator, prays that a citation may issue from this honor-

able court to William R. Smith, the said administrator, and

107 Joseph Brobst, the purchaser of the said lands, to show cause

why tbe balance of the said purchase-money remaining un-

aid should not be paid into court for distribution according to

aw. |

WILLIAM RAWLE,

For Alez’r Jordan.

Citation awarded directed to William R. Smith, administrator,

and Joseph Brobst, purchaser of certain real estate, to show cause

why the purchase-money should not be paid into court, returnable

the third Friday in December next.

CouNnTY OF PHILADELPHIA, 88:

[ certify the foregoing to be a true copy of the record and pro-

ceedings in the estate of Nicholas Le Favre, deceased, as full

10S _—_— and entire as the same remains filed of record in the office of

the clerk of the orphans’ court.

Witness my hand and the seal of court this 28th day of August,

A. D. 1882.

| SEAL. ] W. MARSHAL TAYLOR,

Register of Willa, &c.

Deed of W. R. Smith, administrator of Nicholas Le Favre, deceased,

dated 9th of May, 1837, to Joseph Brobst for 5 tracts of land,

namely, Abrahain Scott, William Elliot, Lewis Walker, Williain

Shannon, and Nathaniel Brown.

Plaintiffs’ Offer.

Deed—Joseph Brobst and Anna, his wife, to Hugh Bellas—dated

F FS OR ERD Es ae, Wester erat yi ts, USE Us atten TROD ny Taare gS ett Wet ee aC ae ee

36 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

June 9th, 1837, for five tracts, including Lewis Walker,

109 Abraham Scott, Wm. Elliott, Wm. Shannon, and Nathaniel

Brown tracts, consideration $2.500. Acknowledged June 9th,

1837, recorded in Northumberland county, book “C C,” page 69, &c.

Deed—Hugh Bellas and wife to Cornelius Garretson—dated Jan’y

Ist, 1846, for four tracts, including Lewis Walker, Wm. Elliot, Wm.

Shannon, & Nath’! Brown tracts, recorded 15th of January, 1848, in

Northumberland county and 7th of February in Columbia county.

Deed—Hugh Bellas and wife to Cornelius Garretson—dated 15th

September, 1856, for a strip along the Lewis Walker and Nathaniel

Brown tracts, containing sixty-two acres.

Deed—13th of February, 1849, Cornelius Garretson to Alexander

Garretson—for one undivided one-half interest in said four tracts of

land.

Will of Alexander Garretson, dated 16th of June, 1849, probated

the 28th of June, 1849, by depositions, and same filed July

110 6th, 1849, and letters testamentary to executors, Jacob and

Edmund Garretson. The will gives power to sell rea! estate, |

and authorizes the said executors to convey, &c.

Will of Cornelius Garretson, dated Dec. 17th, 1858, probated Dec.

20th, 1862, and letters testamentary thereon issued to Jacob Garret-

son and T. O. Van Allen. Contains power to executors to sell and

make deeds.

Deed, dated April 16, 1864—Jacob Garretson, surviving executor

of A. Garretson, to Rollin N. Rathbun—for one-half of four tracts,

including Lewis Walker. Wm. Elliot, Wm.Shannon,and Nathaniel

Brown; recorded in Northumberland county April 21st, 1864, in

book “W W,” page 99, &c.

Deed, April 16, 1864—Jacob Garretson and T. O. Van Allen, ex-

ecutors of Cornelius Garretson, dec’d, to Rollin N. Rathbun—-for

one-half interest in four tracts of land, including Lewis Walker,

Wm. Elliot, Wm. Shannon, and Nathaniel Brown; acknowl-

111 edged April 18, 1864; recorded April 21, 1864, in deed book

“W W,” page 96, &., in Northumberland county.

Tripartite deed, Aug. 1, 1864—Rollin N. Rathbun, trustee, &c., of

the first part, and Geo. A. Fellows, Philip Dater, R. H. Rathbun, E.

P. Wilber, Robert Lockart, of the second part, & Columbia Coal

Company, of the third part—for the eastern portion of the aforesaid

four tracts, containing 1,053 acres and 27 perches. This includes the

William Shannon and the eastern half of the Lewis Walker tract,

being eastern half of four tracts above-mentioned, containing 1,053

acres and 27 perches: Beginning at a corner of Ebenezer Brantram ;

thence by land of John Young and Mary Ruston north 83} degrees

west 416 perches to a corner of Thomas Ruston; thence south 2

degrees west 60 perches to a corner; thence north 88} west 192

perches to a stone heap—a corner of another tract surveyed in name

of Mary Ruston; thence by Mary Ruston south 2 degrees west

112. 33 perches to a stone heap; thence by same and Thomas

Billington north 88} degrees west 238.16 per. to a point;

thence sonth 8} degrees east 232.35 perches to a pine—a corner of

William Gilbert; thence by William Gilbert north 814 degrees east

JANE HERRON BET AI. VS. PHILIP DATER ET AL. 37

395 perches to a corner of Robert Gordon; thence by north 8} deg.

west 51.3 perches and north 82 deg. 36’ east and 461.1 perches to

place of beginning, containing 1,053 acres and 27 perches of land.

Ack’d by R. N. Rathbun Oct. 6, 1864; by Wilber and others Nov.

10, 1864, and by Fellows and others Aug. 24, 1864. Affidavit by

R. N. Rathbun that he held in trust.

Recorded in Northumberland county 24th Feb’y, 1875, deed book

No. 79, page 315, Xe.

In Columbia county the 7th of October, 1865, book “S,” page

265, &e. |

Certificate of incorporation — Columbia Coal Company of

113 29th April, 1864, signed by George A. Fellows, Philip Dater,

R. Rathbun, E. P. Wilber, Robert Lockart.

Affidavit signed by R. H. Rathbun, E. P. Wilder, and Robert

Lockart. Approved April 29, 1864, by the attorney general. Re-

corded in Northumberland county, in deed book, May 5th, 1864.

Certificate recorded in Columbia county May 6th, 1864, in mort-

gage book No. 5, page —, and in the secretary of the Common-

wealth’s office May 7th, 1864.

Letters patent to Columbia Coal Company May 7th, 1864.

Exemplification of Record of Judgment.

GEORGE A. FELLOWS

i No. 211.

Tuer CotumBiA Coat Company. j

August Term, 1871. From Northumberland County.

Aug. 14, 1871. Judgment for $18,306.81 for want of an appear-

ance, containing the fi. fa. on above judgment, levy on the lands of

the Columbia Company, inquisition, — condemnation, and the

114 = Jands could not be divided and sold in each county, and sold

in Northumberland county, by the sheriff of said county, to

George A. Fellows & Philip Dater for $20,000.

Deed—Jolin B. Heller, sh’ff of Northumberland county, to George

A. Fellows and Philip Dater—dated 15 of March, 1872, for the above

lands. Entered in sheriff’s deed book “ D,” page 229.

Exemplification of entry of the acknowledgment of the above deed

in sheriff’s deed book, North’d Co.

Exemplification of will of George A. Fellows, dated 7th of May,

1867, and codicil, Oct. 19,1870. Probate and letters. testamentary

issued 20th July, 1880, to Elizabeth L. Fellows. Executrix gives

real estate to executrix in trust, &c.

Plaintiffs also offer declaration in trust by Rollin N. Rath-

115 bun, dated 9th of April, 1864. Acknowledged 29th of April,

1864, as to above lands—the four tracts Wm. Elliot, Lewis

Walker, Wm. Shannon, and Nathaniel Brown held for Fellows &

others in trust; the east part, including Wm. Shannon, Nathaniel

Brown, and eastern part of Lewis Walker, 1,053 acres and 27 perches,

for George A. Fellows, Philip Dater, E. P. Wilber, R. H. Rathbun,

Niki fatal RANREN le ARR WIRE DE ea PA UN ale

_ " mls is a ye Cy oe a ae

ee ; fy Ray ‘ + -_ ro. ee Psy, a ee eis k2 4 OT a la ae . es

Soe I cf OOS IRS Oe re PORE Oe ee Oe DLP Se Mn, ee Tee aa ats

ne CAB ces 4 ett Ae ans isk gon ae eae’ Sane Ole ES eee eS Shae peek eer ar rig’

ay (et ta Og CEMA eed 3 PE EME ee BLO ae a, ee ee eee F

¥ *

38 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

and Jno. Lockart, who composed the Galusnbie Coal Co. ; the west

rt, 997 acres 33 perches, for E. A. Packer, J. E. Rathbun,

ewton, Benedict, who composed the Northumberland Coal

Company.

Plaintiffs further offer book of returns of unseated lands by deputy

surveyors of Northumberland county for the purpose of showing

acts of ownership for many years by Dr. Ruston and those claiming

under him, in connection with the evidence already in, to be

116 _— followed by evidence that prior to 1864 these surveys were

wild and uncultivated and these were the only acts possible

a t possession and cultivation.

Also to show that no one else claimed these warrants in any way,

and read from return of William Gray of Jan’y 26, 1796:

a —--

No.) eee | eet Ae. Situation.

753 | William Elliot -....}.----. a0«| 4S68 Adjoining Joseph Tyson on waters

| of Fishing creek.

754 | Lewis Walker. __--./-_.--- ._--| 871} | Adjoining William Elliot on waters

of Fishing creek.

755 | William Shannon -.}..-.-.----. 415 Adjoining Lewis Walker on waters

of Fishing creek.

756 ‘ Nathaniel Brown___|......-.-.| 400 Adjoining Lewis Walker on waters

| | of Fishing creek.

a - ——————e aa eee een a oe ne ee er

At the bottom of the return is added:

These foregoing valued by— |

WILLIAM FINLAND.

MICHAEL BOYER.

ROBERT FIELD.

Also offers unseated land-book, Northumberland county, Cata-

wissa township, assessments 1796 to 1805, inclusive:

117

a nes ee nn Ree gee eee wee PIC enya eee

, Warrantees’ | Present | if | Aggregate

No Names. owners. | Acres. | Adjoins. amount of tax.

756 | Brown, Nathaniel. ........, 400 | Adjoins Lewis Walker_| 5.96 “P’'d S8.”"’

755 | Shannon, William _.'.......-... 415 | a ss « 6.16.46 “P’'d 8.”

754 | Walker, Lewis-.... -..--.....| 371} “ William Elliot) 5.71 “P’d 8.”

753 | Elliot, William -..|.--.....-.| 368 ‘© Joseph Tyson | 5.61 “P'd 8.”

CO ns pe a mr ne mt - - 2 mote -~ : on oo ne ene ae = ee ees ee tens + Sa — ~ eee oe mene on ae

“JANE HERRON

ET AL.

VS. PHILIP DATER

KT A L.

Late

0. rrantees.

N Warrant owners.

eee ee ee

756 (Brown, Nathaniel

Walker, Lewis _. “6

755 Shannon, Wm. -- as

A

z

enn — re ee ~~

* Taxes smite s out to , 1812. Pa

township:

ee ee ee

Elliot, William. _.| 368 «

Shannon, William} 415 ‘“

Walker, Lewis....| 371 *

758 |Elliot, William__| N. Le Favre |

|

|

“|

i

!

‘Acres.

368 Joseph Ty SON.

400 | Lewis Walker

: 371} | Wm. Elliot —-.

RS RRR ee rp

REN pm: ee

Adjoiners.

| 415 | Lewis Walker

|

rs.

rk

|

Co 8 &

Che

=

TR!

Nathaniel Brown__| — acres Adjoining Joseph Tyson ..| Assessed,

LP OR Oe Ee 1 “Ae

Also unseated land-book, Northumberland county, marked (12),

assessments from 1805 to 1813:

P’d 8, 5.12).49

P’d S. 5.41).55

. 6.21).50

5.73).73

Te ee nS

ee a I Ge oe ~~ matrinns Same ty

Offer assessment transcript unseated land-book “A,” Shamokin

1836 to 1839

Joseph Tyson __ 6 from 1886 * 1839

6 Lewis Walker... sé ‘s+ 1886 ** 1889

“6 Wm. Ellicot..--; ss ‘61836 * 1839

township:

118 Also offer unseated land-book from

ran Ot ctr eS

ee

1840 [to] 1844, Coal

—— 8 ee ae mn

clusive :

oo ee nem ee en

Warrantces. ' Owners.

A ORT RB A ATR eS Oy

William Elliot....-. _ ©. Garreteon

William Shannon .. | T

Lewis Walker... od “

;

et ce - . A AE rn ae eet +

-_-

- »

nm ee eminem,

Ame

| 1852 PES

a3 aa a4 ;

—_— oe * ~- 2

ae “a 4‘ :

a er cores

Also offer unseated land-book assessment [from] 1852 to 1857, in-

Werrantees. Owners. | Acres | Adjviners. Asa’d from—

a

Elliot, William._....|.... ...-.....| 868 | Ad’ ng Jos. Tyson ._...| 1840 to 1844

NOE TE IIR ciclo nct entice seus | 415 | Lewis Walker “ “

Walker, Lewis ...... bitite sandamenent See 4 ‘<« Wm. Elliot ....) “ ‘

! ,

Also offer assessment [from] 1846 to 1851, inclusive

Warrantees. Owners. Acres. | Adjoiners.

Elliot, William... | C. Garretson | 868 | Joseph Tyson __.- | Taxes paid.

Shannon, William -_ .- ts ..| 415 Lewis Walker ........' Taxes paid.

ites tows : = { $11 | Wm. Elliot... ..)| id.

oe te cums ee oP 60 | In Columbia Co.. H — pon

“ en Ramee

Ip. Be eee

BMG Se ee

ate sake POA recenies Pale: -dteneaindeeet

40 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

119 Also assessment for 1858 and 1859:

|

Warrantees. | Owners. ‘Acres. |

| |

| | |

William Elliot.._.| C. Garretson_..-| 361 | County, State, road, & school taxes p’d |

Ap’! 10, 1860, before sale.

‘6 Raa 66 -.--;| 52 , County, State, road, & school taxes p’d

| _ Ap’l 10, 1860, before sale.

William Shannon .- “g -.--| 83384 | County, State, road, & school taxes p’d

Ap’ 10, 1860, before sale.

Lewis Walker. ._-. | 64 .--- 318 | County, State, road, & school taxes p'd

| | Ap’l 10, 1860, before sale.

|

Also assessment for 1860 and 1861:

nan = ee + ee ree — — SS —— — — a ree

William Elliot... C. Garretson_| 361 a’s. | Road, school, county, & State taxes paid.

William Shannon. sé Tee ee 6 rT rT rT, 66

Lewis Walker bs @ yay ee eee rT rT rT is ‘6

ested Fe | |

a — —_— —— — - - —-—- - - - - ne ee

Also assessment for 1862 and 1863:

een ee —— a ee

i | C. Garretson ._._.. ........| 361 acres. Taxes paid.

William Shannon .-. ..--- -! vs nikiiiieis ce kaeen | 46 ‘i

Lewis Walker Peroeiien id sé area aie eS | 64 PY

Also assessment for 1864 and 1865:

William Elliot ._—~-. .--....-.; C. Garretson ............../| 361 acres. | Taxes paid.

William Shannon ._---- ~.__- 6 mtettcinsen nega uct ao i ‘6

SE CEO tind cee cmoe é sicneiete cag sais ace me | ‘6 6

120 Also offer treasurer’s sale-book — 1816.

Plaintiffs offer assessment-books of seated land and propose to read

assessments to the Northumberland Coal Company.

Counsel for defendants objects.

JoHN E. RatHeun called and sworn.

Counsel for defendants require a written offer of what plaintiffs

propose to prove. |

Written Offer No. 1.

The plaintiffs propose to prove by the witness, John E. Rathbun,

that he was interested in the purchase of the lands conveyed by the

Garretsons to R. N. Rathbun; that after or about the time the Co-

lumbia Coal Company was organized possession was taken by the

owners of the several tracts of land, elise improvements erected

thereon, and a party or tenant placed in the occupancy of the dwell-

ing erected on the lands; that from the year 1864 to 1880 large sums

a

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JANE HERRON ET AL. VS. PHILIP DATER ET AL. 41

of taxes were paid by the claimants of said land. This is

121 offered in furtherance of the previous offer of the payment of

taxes and as evidence of claim of title.

Counsel for defendants object—

1st. Because the offer does not propose to prove that possession

was taken and improvements es. on the lands described in this

writ. :

2d. Because the offer does not propose to prove payment of taxes

since 1864 to 1880 on the land described in this writ.

3d. Because the evidence already offered by the plaintiffs shows

that the land described in this writ was conveyed by he N. Rathburn

to the Columbia Coal Company by deed dated 28th August, 1864,

and was sold by the sheriff of Northumberland county, Mar. 15,

1872, as the property of the said company, to Geo. A. Fellows and

Philip Dater, the plaintiffs.

4th. Because, for the purposes of plaintiffs’ offer, payment of taxes

cannot be shown without first proving such taxes to have been

122 properly assessed against the proper owners of the lands taxed.

By the court.

Objections overruled. Evidence admitted and this bill sealed at

request of counsel for the defendants.

M. W. ACHESON.

JuHN E. RatHpeury testifies:

Rollin N. Rathburn was my brother; lived in Philadelphia; now

deceased; consideration paid for four tracts of land was $128,000 for

each half, or $250,000; after purchase made by R. N. Rathburn,

in trust, in order to develop the land, two companies were formed ;

after companies were formed the stock was divided up; J. M. Bene-

dict had one-sixth, H. Cushing one-sixth, Philip Dater one-sixth,

E. A. Packer one-eighth, G. A. Fellows one-eighth, and myself one-

fourth.

Some others allowed their names to be used in both com-

123s panies. 1 was vice-president and looked after the lands. The

Columbia Coal Co. was organized in 1864. The lands were

surveyed and examined by Shaeffer, having also in view a

practicable line for railroad. We had Roberts there, and Ammerman

afterwards—Henry Pleasants also. We commenced immediately

afver purchase to operate on these lands. We put upa house and saw-

mill; put men to work shafting for coal to prove the veins, which we

continued for a year; no other improvements at that time. We

partially builttwoother houses. At the time we commenced there were

no other improvements on the land. Noone lived on the lands at the

time we occupied them, nor any railroad nearer than three and one-

half miles by nearest practicable route. In round numbers we ex-

pended in developing the lands between forty and fifty thousand

dollars; erected dwelling-house for the men in 1864; continued

operations for one and a half years, when we suspended work,

124 ~=having no railroad near. We left Isaac Lewis in charge, who

opeued a drift in the vein. He was to take charge of the

6— 399

To A iy CoB Des tie eine REE NE a ek ie

a aii ok ac ik Fee ee

42 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

roperty. He took out and sold coal to farmers. Lewis was fol-

Coad by Jonathan Hoover, who put his son-in-law there, named

Zimmerman. He corresponded with us, paid taxes, &c.; lived at

Mt. Carmel. He so did till death, about 1872; was followed by

William Griffith, who occupied the house and took out coal. He

remained two or three years, and was followed by William Hand;

lived in Red House; performed same duties. These persons staid

until 1873, when Ed. Davis came. Hoover was directed by me to

have some one occupy the Red House and look after th peroperty.

Davis was living there when these defendants came and took pos-

session. (Witness here explained that he thought Griffith followed

Hand.) None of the owners lived near the land antil I

125 went to Treverton in 1870, which is 12 or 13 miles away.

I have paid taxes myself for the company ; was vice-presi-

dent and general manager for both companies. I paid taxes for the

following years: On William Elliot, $158.63; William Shannon,

$144.35; Lewis Walker, $144.79 in January, 1868; this was redemp-

tion money—number of acres not given in my receipts. Same date

I redeemed Nathaniel Brown by sending messenger with money,

$119.00. I remember of paying other taxes. Several times money

was forwarded to Hoover to pay them. Our payment- of taxes have

been continuous from 1864 to 1880.

Defendants took possession of the land in 1875. I was then living

in New York; on hearing of their action I came on and went there

and saw them in possession; Davis was there. I know that Davis

was there. Defendants were in the “ Red House.” I saw Cummings

there; not the first time I went. They were without my

126 permission or knowledge. I think I did not at first demand

possession. Following that I went to Pottsville, and then

had them arrested and taken off the property and took possession

myself. Afterwards they took possession again.

Cross-examined :

The “Red House” is on the William Elliot—on the turnpike

from Reading to Sunbury. That is the only tract on which any

improvements were made; no developments on the Lewis Walker.

The unfinished houses were on the Elliot, also the saw-mill—all the

improvements were there. The saw-mill is all rotted down; did

not go on the property when I saw Cummings at Shamokin; did

not go there to see who were in possession; went there with the

deputy sheriff. The arrest was for cutting down trees, &c. I don’t

recollect that judgment was rendered against me. It may

127. have been. It was never tried. I don’t remember who were

arrested. The parties I arrested were taken to Mt. Carmel.

They returned the same day. They went into the log barn. I then

pulled down the barn while they were in it. I had a good force of

men there. They arrested me for forcible entry. John H. Gable

led my men when they tore down the barn. I saw Davis while he

was on the tract; that is my impression. I had no consultation

with him while on the tract. I and Fellows constituted Hoover —

our agent. He wanted to lease the property from us. Griffith was

cette iene cents ‘ite te enim

° a .

Ne ee

> “ we then 4 5 a ae f ’ 4 ~

noe ad os Nees as Sale reas Fi BES As Nei i 2 a co si ee $i a .

ee Pe a ERC Te SERRE Ree SP NR Pe aN Mes ne geen) Ae Ee aa er A yt

be ane : Se RI Ae ERY See eR Te ape he ae ‘ be ae Pee ek en eS

Bt ‘ a Cpe . tee ve ;

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 43

holding at the latter part in opposition to us. I never tried to put

him out. I have always understood that Griffith bought Hand’s

interest out.

I went to Sunbury and arranged with Greenough to ascertain

who. was entitled to the royalty on the coal taken out by

128 Hand. We took down the houses and stopped working. “i

Redirect :

+ The “ Red House” cost $1,500 or $2,000; it was a permanent

building. Judge Dietrick led the opposition forces from Williams-

port, 30 or 40 in number.

PI’ffs read as follows: |

Seated assessments previously offered and admitted.

The Northumberland Coal Company, seven houses; State tax,

$36.68.

| William Elliot, 368; Lewis Walker, 318; William Shannon, 333:

valuation, $12.228. |

{

Assessment for 1865.

Assessment for 1866.

The Northumberland Coal Company, 1,019 acres; valuation,

- $12,228; State tax, $12.64. |

1867.—Northumberland Coal Company, 1,019 acres; valuation,

. $12,228; $1.24, county tax.

1858.—Northumberland Coal Company, 1,019 acres, occupied by

self: valuation, $18,342; county tax, $146.7:

129 1869.—Northumberland Coal Company, 1,019 acres. occu-

pied by self; valuation, $18,342; county tax, $146.73.

me o a wee ae ere owee ee emt pe oe ~ Se ae ae . ee a on

l[Acres.| By whom occupied. Valuation. County tax.

B70. Mosth’a Cont Oa..t 8 S006 bien ccie ccun ceconsinaien | 18,342 | $146 73

1871 ~ pel ROPE Pnccmed mneiis sna mmaied “ \. 128 39

1s72 se aa RAE Dich dcrindibilantin oamaiiuws + | 928 39

1873 | 4 agin I Ried casi bias hk ded inns - 12k 29

1874 “ 14,019; Ed. Davis........../ 20,3804 101 90 9g

1875 “ ..| 1,019 “ . is , 101 90 "4

IR76 ‘i ..| 1,019 | Walkine & Trege!les “ | 222 #0

Ik77 “ 1 1,019. “ 7 s 1M 66

IS7S se 1,019 Isanc Lewis... ... 12.190 | 8h 33

| 86 76 wail tax.

IS7o i .. 1O1g ee ee 12.100 Kn 33

47

Bete LU é' ke 8 RFR TE a cece ea es aise 12.190 | BD BA

‘ fer wan « ‘

' R81 “ f | BEerann es twtine 2306 i 6

1SR2 uc OE fi

130

GEORGE A. HERRING sworn:

4-f JANE HERRON ET AL. VS. PHILIP DATER ET AL.

I live in Bloomsburg, Columbia Co.; I am deputy treasurer.

These are the sale books of the treasurer of Columbia county.

JOHN B. CASEY sworn:

I reside in Bloomsburg, Columbia county; I am clerk for county

commissioners. These are unseated land books (showing books). .

Counsel propose to show payment of taxes on Nathaniel Brown and :

part of Lewis Walker.

1838, ’39, ’40, ’41—Roaring Creek Township.

f | Valu C :

_| Valua- | Co. ,

Warrantees. |Acres.| sion. | tax. Total tax.

— — ~--—-~-—- --__-——---—

. '

Brown, Nathaniel _-| 150 225 56 | 2.19 /

1842 & 43.-| Brown, Nathaniel _-| 400 adit, De 8.68. P’'dby J. Pheasants. :

1844 & °45.. Brown, Nathaniel -.; 400 Be Bis cont 14.81. P’d by J. Phea-t

sants.

1846-47_-___- _ Brown, Nathaniel --| 400 Be. Vcnelan 15.90. P’d June 9, 1848,,

| by R. F. Clark, for H.,

| Bellas.

1848-9_. _..| Brown, Nathaniel _.| 400} 200 |._-.-. 16.30. P'd June 8, 1850,!

| by C. Garretson. ,

1854-55 - .-| Brown, Nathaniel --' 400) 800 |-_.._.; 33.13. P’d May 31, 1856,:

| | | by R. F. Clark, for C.:

| | Garretson. :

| fg

131 Conyngham Township. t

| Acres. | Tax. | }

’

a | dinipa PE OEE ————__

1856-57_..-.| Brown, Nathaniel 400 | 46.40 | P’d April 26, 1857, by C. Gare

| retson.

1860-61 .....| Brown, Nathaniel _-| 400 40.80 | P’d Mareh 3, 1862, by R. F:

Clark. ?

1862-63 ..._| Brown, Nathaniel | 400 | 87.60 | P’d April 14, 1864, by T. O:

| Van Allen. ,

1864.65 ._..._. Brown, Nathaniel _.| 400 00.88 | P’d June 11, 1866; sold te

| | | A. W. Rea; redeemed by

| Jno. E. Rathbun for Col;

Coal Co.

ninediipsinnnsl

?

?

t

O 8 eee errenme e ote mrcape nee:

ed

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

= Treasurer's Book.

3 |

. Acres. Tax.

| a wes

1864-—65._...' Walker, Lewis-.-_--. 8 (.....---| P’d June 8, 1868, by A. W.

| Rea. P’d June 11, 1868.

| 3 | | | Jno. E. Rathbun.

1866-67 ....._. Brown, Nathaniel -.; 450 160.65 P’d June 8, 1868, by A. W.

ra | Rea. P’d June ll, A. W.

F | : | Rea, by Rathbun.

et ee Walker, Lewis -__-- - 8 2.86 | P’d June 8, 1868, by Jas. E.

} : | Rathbun for Col. Coal Co.

1868-69_ .._- os a4 8 |._......| Valuation, $30.00. Seld June

| 80,1870; red. June i2, 1872,

| by Geo. A. Fellows.

res “6 | Brown, Nathaniel _.. 150 .__.....| 329.67. Sold June 30, 1870;

ie | redeemed June 12, 1872, by

im ! | Geo. A. Fellows.

N 1870-71_ ....| Brown, Nathaniel oof OOF ie ain 351.70. P'd June 3, 1872, by

| | Fellows and Dater.

OF niin ain Walker, Lewis --.. -| 8 3.31 | P’d June 11, 1872, by Fellows

| | | & Dater.

1872-73. .... a a & 4.10 | P’d April —, by Packer, for

| Fellows.

1872-73_ ..._.| Brown, Nathaniel _.| ._. .--- 453.90 | P’d April 15, 1874, r

| | W. C. Packer, for Fel-

: ' lows.

132 1874-75, Brown, Nathaniel .-)..-.-... ..-....- Sold June 12, 1876, to Geo. A.

; Fellows; redeemed June 5,

a | . 1878, by R. M. Cummings.

| 1874-75. ... | Walker, Lewis...../.... .-. | .....--. Sold June 12, 1876, to Geo. A.

oe Fellows; redeemed June 5,

1878, by R. M. Cummings.

1876-77_....| Brown, Nathaniel _. 450 498.15 | — 10, p’d by Geo. A. Fel-

: ' ows.

‘6 64 | Walker, Lewis. ....; 8 9.74 - —- 10, p'd by Geo. A. Fel-

ows.

1878-79. ..... Brown, Nathaniel | 450 | 87.50 | Sold June 21, 1880, to D. W.

: | | Kingsbury; redeemed June

| 12, 1882, by Jno. E. Rath-

bun.

* _..--| Walker, Lewis. ....|

Evidence for Defendants.

4

ee ee

a

Counsel for the defendants offer the application for the Lewis

Walker and a large number of other tracts, dated the 26th day of

November, 1793. Endorsed on the back: Reese, Evans, and others;

entered by William Lane for Daniel Reese; certified the 5th day of

May, 1877. :

133 The head of the application reads thus:

Daniel Reese applies for four bundred acres of land, ad-

joining lands surveyed for Cadwalader Evans on the northwest

corner of the same, to include a large branch of — in Lower Bald

Eagle township, Northumberland county.

Among others William Elliot applies for four hundred acres of

land on a branch of Roaring creek, etc.

Ebenezer Branham applies for four hundred acres of land on a

46 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

branch of Roaring creek, adjoining Dr. Thomas Ruston’s lands, ete.

Lewis Walker applies for four hundred acres of land one mile

north of a road leading from Reading to Sunbury, etc.

William Shannon applies for four hundred acres of land one mile

north of a road leading from Reading to Sunbury, adjoining other

lands of Dr. Thomas Ruston, etc. |

134 Joseph Tyson applies for four hundred acres of land one mile

north of a road leading from Reading to Sunbury, adjoining

other lands of Dr. Thomas Ruston, etc.

Defendants’ counsel offer in evidence warrant dated the 26th No-

vember, 1793. Lewis Walker, four hundred acres, lying one mile

north of a road leading from Reading to Sunbury, adjoining Dr.

Thomas Ruston’s other lands.

Also warrant dated 26th of November, 1793, to William Shannon,

four hundred acres,lying one mile north of a road leading from

Reading to Sunbury, adjoining other land of Dr. Thomas Ruston.

Also offer warrant dated 26th November, 1793. William Elliot,

four hundred acres, adjoining lands this day granted to Cadwalader

Evans.

Also offer in evidence warrant dated 26th November, 1793.

135 Nathaniel Brown, four hundred acres, on a branch of Roaring

creek, adjoining Dr. Thomas. Ruston’s lands.

Also offer in evidence warrant dated 26th November, 1793. Eben-

ezer Branham, four hundred acres, on a branch of Roaring creek, ad-

joining lands of Dr. Thomas Ruston.

Defendants’ counsel offer in evidence survey dated the 22d of »

October, 1794, on a warrant dated 26th November, 1793, to Lewis

Walker containing 3714 acres and allowance.

Also survey dated the 22d of October, 1794, to William Shannon

on warrant dated the 26th of November, 1793, 415 acres and allow-

ance.

Also survey dated the 22d of October, 1794. William Elliot on

warrant dated 26th November, 1793; three hundred and sixty-eight

acres and allowance.

Also survey dated the 21st of October, 1794. Nathaniel

136 Brown on warrant dated 26th of November, 1793; four

hundred acres and allowance.

Also survey dated the 21st of October, 1794, Ebenezer Branham

on warrant dated 26th of November, 1793; four hundred and forty-

one and one-fourth acres and allowance.

The defendants’ counsel offer in evidence a certified connected

draft from the land office of the six tracts of lands named in the

warrants just given in evidence, dated the 9th of October, 1874.

The defendants’ counsel offer book already in evidence, marked

on the outside: 1796. Returns of deputy surveyors by William Gray

for Augusta, Catawissa, Shamokin, and Mahanoy.

We find in this book the certificate of William Gray, deputy sur-

veyor, which reads thus:

GENTLEMEN: I have made this return as exact as was in

137 my power from the papers in my hands, and am, gentlemen,

with respect, vour very humble servant,

WILLIAM GRAY, D.S.

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

To Christian Derring, Henry Vandershie, and Nathan Stockman,

com’rs of North’l’d Co.

Dated Jariuary 26, 1796.

The numbers are:

me

eo

= ; , £ ee :

S | Name of warrantee. | £ Situation and remarks,

A | | <

iim ir ete eae! be Sew sdeteiainnsincattetin

752 | Joseph Tyson_.---.-.---.-----------| 453 © Waters of Roaring creek.

753 | Willam Elliot -.---.-----. ------0--.) 368 == Adjoining Joseph Tyson.

Oe © IE | NOE on on acing cumiem aatel aan de William Elliot.

755 | William Shannon. _.........-...-..| 415 $a Lewis Walker.

756 | Nathaniel Brown .. 2.2.2.2... ......| 400 as Lewis Walker.

757 | Ebenezer Branham... ................| 441] a Nathaniel Brown.

Defendants’ counsel file writ and offer, viz:

Plaintiffs having introduced in evidence the return of William

Gray (dated January 26, 1796), deputy surveyor of the Common-

wealth of Pennsylvania for Catawissa and other townships in North-

‘umberland county, of the Lewis Walker and other surveys:

138 The defendants now offer to read from the same return of

William Gray, deputy surveyor, other surveys in the same

township returned as belonging to Dr. Ruston, to be followed by the

assessment books of Northumberland county, showing payment of

taxes on the lands returned as the property of Dr. Thomas Ruston

to a different person, or by a different purpose than the one who

paid or received the taxes on the Lewis Walker tract.

Also that another tract in the same county was surveyed in the

name of Lewis Walker, and said tract was returned in the aforesaid

return of William Gray as the property of Dr. Thomas Ruston, and

that the taxes on this tract was paid to or by the same person who

paid or received the taxes on the other lands of Dr. Thomas Ruston,

who was a different person who paid or received the taxes on No.

754, Lewis Walker survey.

139 This offer is for the purpose of explaining that part of the

return of Wilhtam Gray, deputy surveyor, and those parts of

the assessments received in evidence by the plaintiffs, and to show

by the same ancient record offered by the plaintiffs and in part re-

ceived by them that Dr. Thomas Ruston made no claim nor exer-

cised any act of ownership to or over survey No. 754, Lewis Walker.

Plaintiffs’ counsel object to the offer—

Ist. For the reason that the offer is irrelevant and is incompetent

for the purpose stated therein.

2d. The offer, for the purpose stated therein, is immaterial.

od. The duty of the tomo surveyor was simply to return the

lands for taxation, and the duty of the county commissioners was

simply to value the lands and levy the taxes assessed by them; that

neither had any power or authority to affect the ownership

140 _~— of the lands returned and assessed.

SI wae *

ge ees * ‘ oh

* 1

48 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

4th. The return of other lands than the tracts in question,

and the taxation of them, to Dr. Ruston, [and] the payment of taxes by

Ruston or others to the same or another officer of Northumberland

county, are wholly irrelevant to the issue in this case, and do not

rove or tend to prove claim or non-claim by Dr. Ruston of the

wis Walker tract in suit. 2

Objections sustained. Evidence rejected and bill sealed for de-

fendants.

M. W. ACHESON.

Defendants’ counsel offer No. 1 received in connection with the

further offer to show that the taxes paid by the marshal’s sale of Dr.

Ruston’s lands in Northumberland county were paid to John Boyd,

as shown by said return.

To be followed by the assessment-books of Northumberland

141 county for the same years in which a tract of Lewis Walker,

assessed as belonging to T. Ruston, was charged with taxes,

and the same marked paid to B, and that in the same assessinent-

books for the same years tract No. 754, Lewis Walker, was assessed

with taxes and the name of no one given, and taxes marked paid

to 5.

This to be followed by evidence showing that, according to the

mode of doing business in the collection of taxes in Northumberland

county, the treasurer in receipting such taxes marked on the assess-

ment his initials.

This offer [was] made to show that Thos. Ruston made no claim to

the survey Lewis Walker No. 754, but did make claim to the survey

Lewis Walker 306, as returned by the deputy surveyor, and to show

in connection with the application at Harrisburg, already offered,

that Thomas Ruston did not make the application for Lewis

142. Walker No. 754, or make any claim to it subsequently, and

that if he paid any purchase-money at Harrisburg it was

upon the Lewis Walker No. 306.

Plaintiffs’ counsel object.

As to the return of the marshal and all that it contains it is already

in evidence; we muke no objections. The unseated land-book of

Northumberland county, as far as it relates to the Lewis Walker

survey, which is numbered in the margin by the No. 754, is already

in evidence, and any marks that appear upon that book opposite to

the charge of taxes are already in a» saa The fact that Dr. Ruston

was charged with taxes upon another tract of land in the name of

Lewis Walker as warrantee, and that the taxes thereon were paid

and marked as paid to B, is wholly immaterial to this case. It does

not prove, or tend to prove, any fact material to the issue

143 swe are trving.

What was the land that was sold and: upon which the mar-

shal paid the taxes can only be ascertained by a reference to the

marshal’s deed and the writs in evidence. That is better evidence

of what was transferred by that sale than any reference to the com-

inissioner’s or treasurer's books. |

‘7

|

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 49

Any competent testimony that the defendants may have to prove

that Dr. Ruston did not apply for the Lewis Walker — in controversy

in this suit, or that he did not pay the purchase-money for it, we make

no objection to? We believe if they can prove that*fact it would be

competent; but we deny that the fact can be proved by a reference

to the assessment-books or the treasurer’s books of Northumberland

county.

To so much of this offer as is embraced in offer No. 1 we

144 make the same objections to as we made to No. 1. Asa

further objection to this evidence the record, the judgment of

the circuit court of the United States of Pennsylvania, shows that

the marshal sold five tracts, of which — Lewis Walker in contro-

versy was one, and that he paid taxes upon those tracts which he

sold because the taxes were by law made a lien upon those lands.

By the court: The court rejects the offer and seals a bill for the

defendants

M. W. ACHESON.

Defendants’ counsel offer certificate of an entry in the old pur-

chase blotter, certified the 9th of February, 1856, for the purpose of

showing that the extract of the entry in the old purchase blotter

offered in evidence by the plaintiffs was an erroneous certificate of

the entry.

145 Defendants’ counsel offer in evidence certified copy of pat-

ent, dated April 12th, 1797, for the Lewis Walker tract, for three

hundred and seventy-one and one-fourth acres, and allowance of six

per cent. for roads, &c.

The patent is to Peter Grahl for a certain tract of land called

Brookland, in Catawissa township, Northumberland county, which

said tract was surveyed in pursuance of a warrant dated 26th No-

vember, 1793, granted to the said Lewis Walker, who by deed dated

the 27th of November, 1793, conveyed the same to the said Peter

Grahl with the appurtenances.

Plaintiffs’ counsel object because it is not competent for the de-

fendant to read the patent, with the recitals therein contained, as

against the plaintiffs, who claim under Dr. Ruston. The re-

146 ~—scitals in the patent are not evidence as against those claim-

ing under Dr. Ruston.

Second. The defendants have not shown that Peter Grahl wus

entitled to take out the patent, or that he paid any consideration

whatever. As the case now stands the patent inures to the benefit

of the plaintiffs, and because the evidence is irrelevant and imma-

terial to the defendants’ case.

Third. The marshal’s sale of 1803 conveyed the whole interest to

Le Favre, and entitled him to obtain the patent. The marshal’s

sale relates back to the date of the judgment in 1796, which is prior

to the date of this patent, and cuts off conveyances sulmequent to

the date of the commencement of the lien of the judgment.

*

Objections sustained. Evidence rejected and bill sealed for the de-

fendants.

-. OMY

M. W. ACHESON.

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

147 The defendants’ counsel renew the last offer, and in con-

nection therewith offer to show conveyances from the pat-

entee to the defendants in this suit, as follows:

Letter of attorney from Jolin Grahl to Peter Grahl, dated the 4th

day of June, 1879, acknowledged on the 21st day of February, 1800,

recorded in Northumberland county in deed book “ L,” page- 147

and 148, on the 26th day of February, 1800, authorizing the attorney-

in-fact to contract, grant, bargain, sell, [and] convey unto purchaser

or purchasers all or any part of his lands situate in Northumber-

land county, including the warrant of Lewis Walker.

Also deed of John Grahl, by his attorney-in-fact, Peter Grahl, to

Charles Tower, dated 11th of February, 1800, acknowledged the 13th

of February, 1800, recorded in Northumberland county in deed —

book “ L,” pages 148, etc., on the 26th of February, 1800, for

148 six tracts of land situate in Northumberland county, con-

taining the Lewis Walker tract, patented to Peter Grahl inter

alia.

Also will of Charles Tower, dated the 29th of December, 1829;

probated the 10th of March, 1830; recorded the 10th of March,

1830, and letters testamentary issued to Jeremiah Tower and John

Anderson as executors, devising all his property, real and personal,

to Jeremiah Tower (his nephew).

Also offer to prove that Jeremiah Tower died in January, 1851,

intestate, leaving a widow, Julia Ann Tower, and children, as fol-

lows: Jane, intermarried with C. D. Herron; Elizabeth B., inter-

married with John A. Jackson, and Charles J. Tower.

Also offer deed, dated the 14th of April, 1875, from Julia Ann

Tower, widow of Jeremiah Tower, deceased; Elizabeth B. Jackson

and John A. Jackson, her husband; Jane Herron and Charles D.

Herron, her husband, and Charles J. Tower, all of the city of

149 _—~ Pittsburg, heirs and legal representatives of Jeremiah Tower,

deceased, to R. M. Cummings, for the undivided two-thirds

part of a tract of land surveyed on a warrant issued to Lewis Walker,

dated November 26th, 1793, and patented to Peter Grahl, together

with other parcels of land, acknowledged the 14th of April, 1875,

in the State of Pennsylvania, county of Ailegheny; recorded in

Northumberland county, in deed book, volume 70, page 336, &c., on

the 20th of August, 1875. ‘

This evidence to be followed by proof that these defendants took

actual possession of said lands in March, 1875, described in the fore-

going conveyances; paid taxes, by redeeming the said lands from

tax sales; made improvements, expended large sums of money in

opening coal mines, and have since, and do now, hold actual posses-

sion of said lands.

Also to be followed by evidence that Nicholas Le Favre had

150 personal notice of the title under the patent issued to Peter

Grahl, and its conveyance to Tower in October, 1814, by a

letter from Hugh Bellas to N. Le Favre, bearing date October 7,

1514.

Also to be followed by proof that at the sheriff’s sale, when the

"s ‘ reo

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 51

plaintiffs in this case purchased in 1872, notice was given to bidders

| of the title of these defendants.

| Plaintiffs’ counsel object—

Because the testimony offered is irrelevant and incompetent.

Objection sustained. Evidence rejected and bill siael for the

defendants.

151 Application of Daniel Rees and Others, Offered in Evidence by

an Defendants.

1. Daniel Rees applys for four hundred acres of land, adjoining

lands surveyed to Cadwallader Evans on the northwest corner of

the same, to include a large branch of Tannosquatic, in Lower Bald

Eagle township, Northumberland county.

2. Sarah Rees applys for 400 acres of land, adjoining land this day

granted to Daniel Rees by warrant, in Lower Bald Eagle township,

Northumberland county.

3. Hannah Rees applys for 400 hundred acres of land, adjoining

lands this day granted to Sarah Rees by warrant, in Lower Bald

Eagle township, Northumberland county.

4. Thomas Rees, junior, applys for 400 hundred acres of land, ad-

joining lands this day granted to Hannah Rees by warrant,

152. ~=in.Lower Bald Eagle township, Northumberland county.

5. Thoinas Rees, senior, applys for 400 acres of land — this

{day granted to Thomas Rees, junior, by warrant, in Lower Bald

tagle township, Northumberland county.

6. Jesse Evans applys for 400 acres of land, adjoining land this

day granted to Thomas Rees, senior, by warrant, in Lower Bald

Eagle township, Northumberland county.

7. Susanna een applys for 400 acres of land, adjoining land this

day granted to Jesse Evans by warrant, in Lower Bald Eagle town-

ship, Northumberland county.

8. John W. Godfrey applys for 400 acres of land, adjoining land

this day granted to Susanna Rees by warrant, in Lower Bald Eagle

township, Northumberland county.

(158 9. Robert Erwine applys for 400 acres of land, adjoining land

this day granted to i W. Godfrey by warrant, in Lomas

Bald Eagle township, Northumberland county.

10. David Evans applys for 400 acres of land, adjoruing lands this

day granted to Robert Erwine by warrant, in Lower Bald Eagle

township, Northumberland county.

11. Charles Evans applys for 400 acres of land, adjoining land

this day granted to David Evans by warrant, in Lower Bald Eagle

township, Northumberland county.

12. William Lane applys for 400 acres of land, adjoining lands

this day granted to Charles Evans by warrant, in Lower Bald Eagle

township, Northumberland county. 7

13. Sarah Lane applys for 400 acres of land, adjoining land this

day granted to William Lane by warrant, in Lower Bald Fagle

township, in Northumberland county.

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JANE 'TERRON ET AL. VS. PHILIP DATER ET AL.

154 14. Mary Lane applys for 400 acres of land, adjoining lands

this day granted to Sarah Lane by warrant, in Lower Bald

Eagle township, Northumberland county. _.

15. Isaiah Davis applys for 400 acres of land, adjoining land this

day granted to Mary Lane by warrant, in Lower Bald Eagle town-

ship, Northumberland county.

16. Peter Dehaven, Sr., applys for 400 acres of land, adjoining

land this day granted to Isaiah Davis by warrant, in Lower Bald

Eagle township, Northumberland county.

17. James Hepburn, Peter Dehaven, Jr., applys for 400 acres of

land, adjoining land this day [granted] to Peter Dehaven, Sr., by

warrant, in Lower Bald Eagle township, Northumberland county.

18. Cadwallader Evans applys for 400 acres of land, adjoining

land this day granted to Peter Dehaven, Jr., by warrant, in

155 Lower Bald Eagle township, Northumberland county.

19. William Elliot applys for 400 acres of land, adjoining

land this day granted to Cadwallader Evans by warrant, in Lower

Bald Eagle township, Northumberland county.

20. Ruth Elhot applys for 400 acres of land, adjoining land this

day granted to William Elhot by warrant, in Lower Bald Eagle

township, Northumberland county..

21. Joseph Roberts applys for 400 acres of land, adjoining land

this day granted to Ruth Elliot by warrant, in Lower Bald Eagle

township, Northumberland county.

22. Joseph Taylor applys for 400 acres of land, adjoining land

this day granted to Joseph Roberts by warrant, in Lower Bald E agle

township, Northumberland county.

156 23. Caleb Lowns applys for 400 acres of land, adjoining

land this day granted to Joseph Taylor by warrant, in Lower

Bald Eagle township, Northumberland county.

24. Linsay Coats applys for 400 acres of land, adjoining land this

day granted to Caleb Lowns by warrant, in Lower Bald Kagle town-

ship, Northumberland county.

25. Isaac Longstreth applys for 400 acres of land, adjoining land

this day granted to Linsay Coats by warrant, in Lower Bald Eagle

township, Northumberland county. |

26. Richard Tunis applys for 400 acres of land, adjoining land

this day granted to Isaac Longstreth by warrant, in Lowef Bald

~—_ township, Northumberland county.

John McColly applys for 400 acres of land, adjoining land

hie day granted to Richard Tunis by warrant, in Lower Bald Eagle

township. Northumberland county.

157 28. Robert Annessle ‘vy applys for 400 acres of 1: and, adjoin-

ing land this day granted to John Me ‘olly by warrant, in

Lower Bald Eagle township, Northumberland county.

29. William Y ardley applys for 400 aeres of land, adjoining land

this day granted to Robert Annessley by warrant, in Lower Bald

Eagle township, Northumberland county.

30), Jonathan Willis ay? iplys for 400 acres of land. adjoining land

this day granted to Wim. Yardley by warrant, in Lower Bald Eagle

township, Northumberland county.

—_—n«-

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

31. William Gray applys for 400 acres of land, adjoining land

this day granted to Jonathan Willis by warrant, in Lower Bald

Eagle township, Northumberland county.

32. Robert Gray applys for 400 acres of land, adjoining land this

day granted to William Gray by warrant, in Lower Bald

158 Eagle township, Northumberland county.

3

ing land fits day granted to Robert Gray by warrant, in Lower Bald

Eagle township, Northumberland county.

34. Charles Allen applys for 400 acres of land, adjoining land this

day granted to Thomas Umphreys by warrant, in Lower Bald Eagle

township, Northumberland county.

35. Christian Hohn applys for 400 acres of land, adjoining land this

day granted to Charles Allen by warrant, in Lower Bald Eagle town-

ship, Northumberland county.

36. William Hohn applys for 400 acres of land, adjoining land this

day granted to Christian Hohn by warrant, in Lower Bald Eagle

township, Northumberland county.

Elizabeth Hohn applys for 400 hundred acres of land,

159 adjoining land this day granted to Wilham Hohn by

warrant, in Lower Bald Eagle township, Northumberland

county.

38. Peter Hohn applys for 400 acres of land, adjoining land this

day granted to Elizak

township, Northumberland county.

39. Susanna Hohn applys for 400 acres of land, adjoining land

this day granted to Peter Hohn by warrant, in Lower Bald Eagle

township, Northumberland county.

40. William Gilbert applies for 400 acres of land, adjoining land

this day granted to Susannah Hohn by warrant, in Lower Bald

Eagle township, Northumberland county.

41. Samuel Baird applies for 400 acres of land, adjoining land

this dav granted to William Gilbert by warrant, in Lower Bald

Eagle township, Northumberland county.

160 42. Joseph Kelso applies for 400 acres of land, adjoining

land this day granted to Samuel Baird by warrant, Lower Bald

Eagle township, in Northumberland county.

43. James White applys for 400 acres of land, adjoining land this

day granted to Joseph Kelso by warrant,in Lower Balk | kagle town-

ship, Northumberland. county.

44. Rebeceah Kelso applus for 400 acres of land, adjoining land

this day granted to James White by warrant, in Lower Bald Eagle

township, Northumberland county.

45. Jesse Brooke applys for 400 sang of land, adjoining land this

day granted to Rebeccal Kelso by warrant, in Lower Bald Eagle

township, Northumberland county.

46. Charles Brew applys for 400 acres of land, adjoining land this

day granted to Jesse Brooks by warrant, in Lower Bald Eagle town-.

ship, Northuinberland county.

Thomas Umphreys applys for 400 acres of land, adjoin- -

veth Hohn by warrant, in Lower Bald Eagle.

54 JANE HERRON ET AL. VS. PHILIP DATER ET AL.

161 47. Martha Godfrey applys for 400 acres of land, adjoining

land this day granted to Charles Brew by warrant, in Lower

Bald Eagle township, Northumberland county.

48. Joseph Tyson applys for 400 acres of land, ppg Sore this

day granted to Martha Godfrey by warrant, in Lower Bald Eagle

township, Northumberland county.

49. James Bear applys for 400 acres of land, adjoining land this

day granted to Joseph Tyson by warrant, in Lower Bald Eagle

township, Northumberland county.

50. John Warner applys for 400 acres of land, adjoining land this

day granted to James Bear by warrant, in Lower Bald Eagle town-

ship, Northumberland county.

51. William Elliot applys for 400 acres of land on a branch of

Roaring creek, adjoining Doct. Thomas Ruston’s lands, in

162 Catawissa township, Northumberland county.

52. Ebenezer Branham applys for 400 acres of land on a

branch of Roaring creek, adjoining Dr. Thomas Ruston’s land, in

Catawissa township, Northumberland county.

53. Nathaniel Brown applys for 400 acres of land on a branch of

Roaring creek, adjoining Dr. Thomas Ruston’s land, in Catawissa

township, Northumberland county.

54. David Kanady applys for 400 acres of land, adjoining Robert

Morris, & Lightfoot, & Star & Comp., T., including the heads of two

ee running into Shamokin creek, in Catawissa township,

orthumberland county.

55. Robert Erwine applies for three hundred acres of land adjoin-

ing Robert Morris, & Lightfoot, & Star & Company, including the

heads of two springs running into Shamokin creek, in Catawissa

township, North’d county.

163 56. Joseph Tyson ‘applies for four hundred acres of land

lying one mile north of a road leading from Reading to Sun-

bury, adjoin’g Dr. Thomas Ruston’s other lands in Catawissa town-

ship, Northumberland county.

57. Lewis Walker applies for four hundred acres of land lying

one mile north of a ond leading from Reading to Sunbury, adjoin-

ing Doctor Thomas Ruston’s other lands in Catawissa township,

Northumberland county.

58. William Shannon applies for four hundred acres of land lying

one mile north of a road Laading from Reading to SunvBury, ad-

joining other lands of Doct. Thos. Ruston, in Catawissa township,

Northumberland county. cal

Francis West applys for 400 acres of land adjoining land

164. of Walter Stewart and Thomas Millard, in Catawissa town-

ship, Northumberland county.

John M. Nesbitt applys for 400 acres of land, -joining lands of

Evan Owens and Walter Stewart, in Catawissa township, Northu m-

berland county. |

Blair McClenachen applys for 400 acres of land, adjoining lands

formerly surveyed on Beaver creek upon the south, and lands lately

surveyed for Walter Stewart, in Catawissa township, Northumber-

land county.

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JANE HERRON ET AL. VS. PHILIP DATER ET AL. AA

Patrick Moore applys for 400 acres of land, adjoining. lands this

day granted to Rebeccah Rees by warrant, in Catawissa township,

Northumberland couuty.

Jonathan Nesbitt applys for 400 acres of land, adjoining land this

day granted to Roland Rees by warrant, in Catawissa township,

Northumberland county.

The above 5 applications is for Walter Stewart.

165 John Rees applys for 400 acres of land, adjoining lands of

William Ekhart, Peter Dehaven, Robert Crawford, and others,

about three miles west of the south branch of Roaring creek, in Cata-

wissa township, Northumberland county.

James McNeal applys for 400 acres of land, adjoining land this

day granted to John Rees by warrant, in Catawissa township, North-

umberland county.

We, the subscribers, tow of the justices of the peace in and for the

said county, do certify from the best information that we can get

that the above-described tracts of land are unimproven, as witness

our hands. ake

DAN’L MONTGOMERY.

JNO. WETZEL.

These above to be entered for account of Walter Stewart.

166 Warrants issued for all the foregoing tracts except 5 of Mr.

Mr. Stewart — 50 p. cent. interest from date hereof.

In testimony that the above and foregoing is a true copy of the

original remaining on file in the department of internal affairs of

Pennsylvania I have hereunto set my hand and affixed the seal of

said department at Harrisburg this 5th day of May, A. D. 1877.

(SEAL. ] N. C. WILSON,

or William McCandless, Secretary of Internal Affairs.

Endorsement on back: 26 November, 1793. Rees, Evans, God-

frey, and others. Ent’d by Wm. Lane for Daniel Rees.

167 . June Term, 1882.

Puivtie DATER et al.)

v8. > No. 33.

JANE Herron et al.

Charge of the court.

GENTLEMEN OF THE JURY: This is an action of ejectment, brought

on April 24, 1882, by Philip Dater and Elizabeth L. Fellows,

against Jane Herron and other defendants named in the writ, for a

tract of land situated partly in Northumberland county and partly

in Columbia county, in the western district of Pennsylvania,

and containing about 230 acres. For the most part the land lies

in Northumberland county—a small corner only, consisting of about

7 or 8 acres, lying within Columbia county. The land in contro-

versy is part of a tract of 371} acres designated during this trial as

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JANE HERRON ET AL. VS. PHILIP DATER ET AL.

the “ Lewis Walker tract,” having been surveyed on the 22d

168 of October, 1974, upon a warrant issued to him.

The plaintiffs put in evidence a certified copy of an ancient

paper, dated Sow. 26, 1793, on file in the land office, designated

as old purchase voucher No. 12969, and in connection therewith

a certified copy of an entry under date of June 14th, 1794, from the

“old purchase blotter” in the land office. These documents were

offered to show, and they are evidence tending to show, that Dr.

Thomas Ruston was the owner of the Lewis Walker warrant, and

paid to the Commonwealth the purchase-money for said tract of ie

land.

An exemplification of a record of the circuit court of the United

States for the then district of Pennsylvania (in evidence) shows that

on Oct. 13th, 1796, James Clayland, for use, obtained a judgment in

that court against Dr. Thomas Ruston, which was afterwards revived

and such proceedings had thereon that, in pursuance of a writ of

execution (Vend exp.), John Smith, the United States mar-

169 shal, on August 15th, 1808, sold the said tract of land as the ‘

property of the defendant, Dr. Thomas Ruston, to Nicholas

Le Favre, to whom the marshal, on Oct. 11, 1803, executed a deed

dated and acknowledged on the date last mentioned.

The plaintiffs have shown that by sundry mesue conveyances the

title which Nicholas Le Favre thus acquired became vested in them '

prior to the bringing of this action.

In connection with their paper title the plaintiffs gave evidencc

tending to show that for many years they and those under whom

they claim asserted title to the land and paid taxes thereon without

any hostile claim being set up against them until the year 1875,

when the defendants took possession.

If the evidence on the part of the plaintiffs is believed by

170 ~—sithe jury it makes out a prima facie case for the plaintiffs, and

they are entitled to your verdict upon this branch of their

en oe

»

title.

In order to simplify the case (and by agreement of the counsel of

the respective parties) I instruct you to disregard and throw out of

the case altogether the evidence which relates to the distinct title

which the plaintiffs set up under the tax sale to Charles Pleasants.

In U.S. Circuit C. June T., 1882.

Puitie DaTER ef al.

v8. . No. 33.

Jane Herron et al. J

Before verdict — rendered counsel for defendants except to the }

following parts of the charge of the court to the jury:

“The plaintiffs put in evidence a certified copy of an ancient

paper dated Nov. 26, 1793, on file in the land office, designated as

old purchase voucher No. 12969, and in connection therewith

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171 =a certified copy of an entry, under date of June 14th, 1794,

from the old purchase blotter in the land office. These doc-

uments were offered to show, and they are evidence tending to show,

that Dr. Thomas Ruston wag the owner of the Lewis Walker war-

rant, and paid to the: Commonwealth the purchase-money for said

tract of land.”

Also the following parts of said charge:

“The plaintiffs have shown that by sundry mesne conveyances

the title which Nicholas Le Favre thus acquired became vested in

‘them prior to the bringing of this action. In connection with their

paper title the plaintiffs gave evidence tending to show that for

many years they, and those under whom they claim, asserted title

to the land and paid taxes thereon without any hostile claim being

set up against them until the year 1875, when the defendants ieee

| ssession. If the evidence on the part of the plaintiffs

172 1s believed by the jury it makes out a prima facia case for the

plaintiffs, and they are entitled to your verdict upon this

branch of their title.”

And thereupon the court sealed this bill of exceptions to the said

portions of the charge.

M. W. ACHESON.

To Hon. M. W. Acheson, judge:

It is hereby agreed by the undersigned, counsel for the respective

parties in this case, that the foregoing contains a full and accurate

statement of the evidence, offers of evidence of the counsel of the

respective parties, and the objections thereto, in the trial

173 ~— of the above-stated case.

Sept. 1, 1883.

ROBT P. ALLEN,

Att'y for Jane Herron et al., Pl jis in Error and Def'ts below.

SAM’L LINN,

Atty for Philip Dater a al., Def'ts in Error & PU ifs below.

Endorsed: C.C.U.S8.,W.D. Pa. No.33. June term,1852. Philip

Dater et al. vs. Jane Herron etal. Bills of exception. Filed Sept. 12,

1883. |

174 Uwsitep States oF AMERICA, ' a

_ Weatern District of Pennsylvania, j ~~

I, B.S. Bentley, clerk of the circuit court of the United States for

the western district of Pennsylvania, at Williamsport, do hereby

certify that the above and foregoing pages contain a full, true, and

correct copy of the whole record and proceedings in the aforesaid

case, so full and entire as the same remain of record and on file in

said court.

8—399

JANE HERRON ET AL. VS. PHILIP DATER ET AL. 57

is

JANE HERRON ET AL. VS. PHILIP DATER ET AL.

Witness my hand and the seal of said court at Williamsport this

27th day of September, A. D. 1885. |

[Seal of the U.S. Circuit Court, W. D. Penn. ]

@ B.S. BENTLEY, Clerk.

Endorsed on cover: W. Pennsylvania C.C.U.S. No. 399. Jane

Herron and Charles D. Herron, ber husband, in right of said Jane;

Elizabeth B. Jackson and John A. Jackson, her husband, in right of

said Elizabeth B.; Charles J. Tower and R. M. Cummings, plaintiffs

in error, vs. Philip Dater and Elizabeth L. Fellows. Filed 11th Octo-

ber, 1883.

ua

* : a

PAPER Book.

OCTOBER TERM, 1885.

No. 899.

JANE HERRON AND CHARLES D. HERRON, HER.

HUSBAND, IN RIGHT OF SAID JANE; ELIZA- —

BETH B. JACKSON AND JOHN A. JACKSON, HER. —

HUSBAND, IN RIGHT OF SAID ELIZABETH B.; ~

CHARLES J. TOWER, AND R. M. CUMMINGS,

| Plaintiffs tn Error,

VS.

PHILIP DATER. AND ELIZABETH L. FELLOWS.

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES,

FOR THE WESTERN DISTRICT OF PENNSYLVANIA, |

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R. P. ALLEN,

A. H. DILL,

JOHN G. READING, Jr.,

Attorneys for Plaintiffs in Error.

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SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1885.

No. 399.

JANE HERRON AND CHARLES D. HERRON, HER

HUSBAND, IN RIGHT OF SAID JANE; ELIZA-

BETH B. JACKSON AND JOHN A. JACKSON, HER

HUSBAND, IN RIGHT OF SAID ELIZABETH B.;

CHARLES J. TOWER, AND R. M. CUMMINGS,

Plaintiffs in Error,

VS.

PHILIP DATER AND ELIZABETH L. FELLOWS.

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF PENNSYLVANIA.

STATEMENT OF THE CASE.

This is an action of Ejectment brought by Philip Dater and

Elizabeth L. Fellows against Jane Herron and Charles Her-

ron, her husband, in right of the said Jane, Elizabeth B.

Jackson and John A. Jackson, her husband, in her right,

Charles J. Tower and R. M. Cummings, in the Circuit Court

of the United States for the Western District of Pennsylva-

nia, to recover possession of a certain part of a tract of land

situate in Mt. Carmel Township, Northumberland County,

in said district, containing two hundred and thirty acres, or

thereabouts, and being part of a tract of land surveyed on the

22d day of October, 1794, in pursuance of a warrant dated .

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November 26th, 1793, granted by the Commonwealth of Penn-

sylvania to Lewis Walker. ' (Printed copy of Record, page 12,

original page 38.) |

Both parties to the issue claim title from the Commonwealth

of Pennsylvania. The plaintiffs below attempted to trace

title from the Commonwealth by the following testimony:

First,—a certified extract from an application filed in the

land office of the state, which shows znufer alia that Lewis

Walker applied for four hundred acres of land. (Print 12,

13; Original, 39, 40.)

Second,—a certified copy of what is called old purchase

voucher No. 12969, bearing date November 29th, 1793, from

the same office, and which is simply a statement of the amount

of the purchase money to be paid on six certain traets, inclu-

ding the Lewis Walker, £60, with interest to be added from

November 26, 1793. (Print 13; Orig’l 41.)

Dr. Thomas Ruston is not connected in the land office with

either of the foregoing papers, as appears by the full copy of

the application of Daniel Rees, Lewis Walker and others,

given in

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