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“Ejectment for two hundred and fifty acres of land in Cumberland county. The plaintiffs’ title commenced with a Blunston’s license, dated the 17th of February 1734—35, granted to John Calhoun to settle and improve two hundred acres of land on Robert Dunning’s spring, next below James Dunning, to be bounded on the upper side by James Dunning, and on the lower by Ezekiel Dunning, and on the east and west by the barrens, to be surveyed to him on the common terms. In 1735, Calhoun, who then lived in Chester county, went to the land accompanied by a labourer, who assisted him in clearing about three acres of ground. He then paid a man in the neighbourhood to grub, enclose, and plough the land, and then returned to Chester county, where he died in 1752, having never visited the land after the time above mentioned, or made any further efforts to improve or settle the land in dispute. It appears by the field notes of Cookson, the surveyor, that he commenced surveying lands lying on the west side of the Susquehanna in the year 1742. It was proved that whilst Calhoun was engaged in making the small improvement before mentioned, he staid at the house of Robert Dunning, his brother-in-law, and that the latter was acquainted with the title under which Calhoun claimed the land. John Calhoun, by his will, devised this tract of land to his wife, with a power to give it by deed or will to any of his children; and in pursuance of the power, she conveyed the land to her son, James Calhoun, by deed bearing date the 20th of July 1763.”

Case Citation

4 Wash. C. C. 356