This is an action of ejectment, brought by the defendants in error in the circuit court of the United States for the Western district of Pennsylvania, to recover possession of a tract of land situated in Northumberland and Columbia counties, containing about 230 acres. There was a verdict and judgment in favor of the plaintiffs below, to reverse which this writ of error is brought. Both parties claim title under the commonwealth of Pennsylvania. It appears from the bills of exception taken during the progress of the trial that the plaintiffs put in evidence a certified copy of a document, called an application, No. 12,969, as follows:
'William Elliott applies for four hundred acres of land on a branch of Roaring creek, adjoining Dr. Thomas Ruston's lands, in Catawissa township, Northumberland county; Joseph Tyson applies for four hundred acres of land, lying one mile north of a road leading from Reading to Sunbury, adjoining Dr. Thomas Ruston's other land, in Catawissa township, in North'd county; William Shannon applies for four hundred acres of land, lying one mile north of a road leading from Reading to Sunbury, adjoining other lands of Dr. Thomas Ruston, in Catawissa township, North'd county; Lewis Walker applies for four hundred acres of land, lying one mile north of a road leading from Reading to Sunbury, adjoining Dr. Thomas Ruston's other lands, in Catawissa township, North'd county; Nathaniel Brown applies for four hundred acres of land on a branch of Roaring creek, adjoining Dr. Thomas Ruston's lands, in Catawissa township, North'd county; Ebenezer Branham applies for four hundred acres of land on a branch of Roaring creek, adjoining Dr. Thomas Ruston's lands, in Catawissa township, North'd county.'
Also a certified copy of old purchase voucher No. 12,969, as follows:
'26 November, 1793. Certified copy of old purchase voucher No. 12,969. Joseph Tyson, 400 a's lying one mile north of a road leading from Reading to Sunbury, adjoining Dr. Thomas Ruston's other land, in Northumberland county; William Elliott, 400 a's situate on a branch of Roaring creek, adjoining Dr. Thomas Ruston's other land, in Catawissa township, said county; Lewis Walker, 400 a's lying one mile north of a road leading from Reading to Sunbury, adjoining Dr. Thomas Ruston's other land, in said county; William Shannon, 400 a's lying one mile north of a road leading from Reading to Sunbury, adjoining Dr. Thomas Ruston's other lands, in said county; Ebenezer Branham, 400 a's on a branch of Roaring creek, joining Dr. Thomas Ruston, in said county; Nathaniel Brown, 400 a's on a branch of Roaring creek, joining land of Dr. Thomas Ruston, in said county. Amount, 60, interest from date thereof. [On the side:] A gen'l rec't wrote.'
The plaintiffs also offered in evidence a copy of old purchase blotte No. 12,969, as follows:
"1794, )12969.
June 14.) Dr. Ruston. 6 W'r'ts of 400 a's Am't
2400 a's, 50s p.c't p'd specie ch., £60==
"Fees 60s p'd, rem'r Charge of 168 D's.
"Rec't d'd."