Fothergill’s Lessee v. Stover
April Term, 1763.
William Allen, Chief Justice.
William Coleman, Justice.
The Lessee of Fothergill and others versus Christian Stover.
A Letter from James Steal, Receiver General and Secretary of the Land Office, to the Surveyor General's Deputy in Chester County in these Words, "Friend Isaac Taylor, Philadelphia, 3d 2m 1719.—James Logan has agreed that the Bearer hereof William Willis shall have 500 Acres of Land at Conestagoe. Please to survey it to him and the Warrant shall be ready.—Thy loving Friend,
“ James Steel,” offered to be given in Evidence as the Foundation of the Defendant's Title. Objected, on the Part of the Plaintiff, that James Steel by his Order only, without a Warrant from the Proprietors or the Commiffioners of Property, could not authorife the Location of Lands : And even fupporting it to amount to an Order from James Logan himself, as he was only one of three Commiffioners, fuch Order cannot be sufficient Warrant.
but the court faid, that under thefe Sort of Orders from the Proprietor's Officers, a great Part of the Province had been fettled, and that for a general conveniency they had been heretofore allowed to be given in Evidence, and particularly in M' Dowall's Cafe. In that Cafe, laft April Tern, a Letter from Richard Peters Secretary of the Land-Office, to the fame Effect as the above, was allowed ; and the Letter in this Cafe was accordingly ruled to be given in Evidence.
A Plot of a Survey made in purfuance of the above Letter, in Iʃaac Taylor's own hand Writing, with a Note at the bottom thus "fur, 9ber 10. 1720," and in the Body of it, the Words "William Willis 400 Acres," not returned into the Surveyor General's or Secretary's Office, but found among ISaac Taylor's Land Papers, many Years after his Death, was allowed to be given in Evidence, againft a regular Warrant and Survey pofterior to the above ; a Settlement and Poffeffion being proved to have been made, the first Survey amounting to an Impropriation, and the Land Office appearing to have been fhut between the Years 1718 and 1732.
N.B. On an Appeal to the King and Council, the Judgement of the Supreme Court was affirmed.