Lessee of William Cecil v. James Amberson

ALLEGHENY COUNTY. September Term, 1798. Lessee of William Cecil v. James Amberson. EJECTMENT for 400 acres of land west of the Allegheny river. Cecil and Amberson claimed by settlement, under the law of 1792. Each had a cabbin built at the distance of three or four hundred yards from each other. Both applied to the surveyor of the district to survey for them in spring, 1794. While the surveyor was executing the survey, and came to where Cecil thought he was going on the disputed land, Cecil told Amberson, he was incroaching on him ; Amberson said, he could take his cabbin, and a piece of bottom below it. Cecil said he was intitled to a survey, and requested the surveyor to interfere, and get Amberson to leave him a piece of land, and not take in his cabbin. Amberson agreed to make a line, and both agreed on a course. Cecil carried the chain, and, after proceeding some distance on the course, threw it down, and said, he would not agree to it, for it went too near his house. The surveyor said they had agreed on the course, and he would not alter it. The surveyor then surveyed Cecil’s tract. Amberson had 308 acres.—Cecil not 240. The division line was within about 30 perches of Cecil's house. Brackenridge, for the plaintiff, offered a private survey made by Cecil in 1797. Semple, for the defendant, objected to this. [MAJORITY — President.] President. A survey having been made by the public officer, at the request, and in the presence of both parties ; a subsequent private survey cannot be received. The plaintiff ought to have applied for a re-survey.