property in Pennsylvania, including some ground rents in Philadelphia". Barr Ferree's Pennsylvania Primer, pages 72, 194.) Quit rents were abolished except where reserved on manor grants of the Penns (Sec. 9 of Act of 1779), but the State reserved a right of one-fifth of the gold and silver ore. This reservation or royalty was abolished by Act 1889, Pur., 2212. The State fixed the price of land in Western Pennsylvania at five pounds per 100 acres: Pur., 2216. The State was somewhat more strict in requiring payment of the purchase price than the colonial officers: Lineweaver vs. Crawford, 26 Pa., 417, 420. SECTION 50. Though warrants and patents are seldom issued today the knowledge of the practices is essential to the understanding of real estate law. In 1903 the Supreme Court had to consider the validity or invalidity of a patent dated August 18, 1899, and the effect of a "Nicholson" title going back to 1793: Reilly vs. Coal Co., 204 Pa., 270. Your county recorder has a "warrantee tract" atlas prepared by the Department of Internal Affairs (Act of 1921, P. L., 63) which is of great help in title examination. The practice of making "moonlight surveys" and receiving patents, in derogation of occupants of land under apparently good titles, became so objectionable that the Acts of 1874 and 1889, Pur., 2238, were passed to limit new patents to improved lands except in favor of actual improvers. SECTION 51. Huston on Land Titles in Penna, published in 1849, and an extensive note in 2 Smith's Laws, p. 105, give details of the land titles and laws in Penna. Acts are quoted in Purdon under the headings "Land Office" and "Proprietaries". Hundreds of cases are abstracted in Pepper & Lewis' Digest of Decisions under the heading "Public Lands". The Philadelphia attorney, of course, should have “Original Land Titles in Philadelphia" by Lawrence Lewis, Jr., published in 1880. Compare Section 313, post, as to land titles to islands in navigable streams. The Manor of Pittsburgh SECTION 52. The Divesting Act of 1779, 1 Smith's Laws, 479, Purd., 3662, confirmed in the Penus "All lands called or known by the name of Proprietary Tenths or manors", which were duly surveyed "on or before July 4, 1776", together with the "quit rents" reserved General James O'Hara was the largest individual property owner in the Pittsburgh District. Many millions of dollars' worth of real estate (according to present valuations) was devised by his will in 1819 to trustees. The devolution of this property in favor of Mary O'Hara Croghan, his daughter, and then Mary E. Schenley, his granddaughter, original plan noi ricorded is reviewed in Schenley vs. O'Hara, 27 P. La J., 184 (affirmed by Supreme Court, 28 P. L. J., 118). In 1842 the Legislature passed an Act (P. L., 94) which was designed to punish Mary Schenley because she had without consulting the Trustees under her grandfather's will and at fifteen years of age inarried a certain Edward W. H. Schenley, an alien". The Act of 1842 was declared "inoperative and ineffectual" as affecting Mrs. Schenley. SECTION 54. The original Borough of Pittsburgh embraced the territory from a little east of Grant Street to the "Point": "Act of 1794, Ch., 1760, Act of 1804, P. L., 199. In 1837 Northern Liberties Borough was annexed and became the old 5th Ward. Parts of Pitt Township were added in 1845 and 1846, as the old 6th, 7th and 8th Wards. An Act of 1867 annexed the "East End" and by Act of 1871 more townships in the East End were added. In 1816 (P. L., 180) the Borough had become the City of Pittsburgh. The Act of 1872 authorized the annexation of the "South Side" and a general Act of 1903 authorized the taking in of Sheraden, Esplen, etc. Allegheny was annexed by virtue of the Act of 1906. Pursuant to an Act of 1905, Purd., 5756, a commission redistricted the City by rearranging the ward lines. A conveyancer should know that the old 20th Ward is now the 7th, etc. Compare Sec. 415, post, in re importance of knowing Pittsburgh's corporate history. Pittsburgh is a city of the Second Class (Act of 1895, Purd., 2705) and has been since 1874. Compare Supreme Court Examiners' case of Wheeler vs. Phila., 77 Pa., 338, which approved as constitutional the classification of cities into three classes. The Act of 1876, making five classes, and the Act of 1887, making seven classes, were declared unconstitutional because they were classification "run mad". |