United States Supreme Court Cases & Opinions

U.S. Supreme Court

Paxton v. Griswold, 122 U.S. 441 (1887)

Paxton v. Griswold

Argued May 5-6, 1887

Decided May 27, 1887

122 U.S. 441

Syllabus

In Pennsylvania, a private survey cannot be received in evidence for the purpose of making out a title from the proprietaries, even though it may have been referred to in other surveys, and parol and circumstantial evidence is inadmissible to establish such a survey.

The nonreturn of a survey to the land office in Pennsylvania for one hundred and thirty years is proof of abandonment.

The rules adopted in the land office in Pennsylvania in 1765 made no alteration as to returns of surveys, which before that date were required to be retained to the land office in order that it might appear by the records of that office what lands were alienated and what not.

In Pennsylvania, unless a survey is returned to the land office in a reasonable time, which time has been fixed by the courts of that state at seven years, it is regarded as abandoned.

Ejectment. Verdict for plaintiffs, and judgment on the verdict. Defendants sued out this writ of error. The case is stated in the opinion of the court.

Page 122 U. S. 442