“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. The defendant claims under the, younger branch of the family, who became, by the will of the first William Penn, and the subsequent family compact, entitled to all the proprietary rights in this province. The title of the defendant is founded upon the right of the first William Penn, to a certain district of country lying between Vine Street, Pegg’s run, the Delaware, and so north and west to the Schuylkill; which it is said was appropriated by the proprietary to his own use, as a manor; and consequently that the first purchasers had no right, to lay their warrants upon lands, thus appropriated to the use of the proprietary.”