“On the 23d of September 1731, an agreement was made between the younger and elder branches of the Penn family; by which the right of government, and soil of the province of Pennsylvania, was confirmed to the younger branch, and' the private rights of the elder branch were confirmed to them. The plaintiff' claims under the elder branch, and lie founds his title on the warrant to William Penn, the second; for 200 acres of Liberty land; to which he was entitled in virtue of his character as first purchaser.