
    AT A CIRCUIT COURT, AT GREENSBURG,
    NOVEMBER 1800.
    CORAM, YEATES AND SMITH, JUSTICES.
    Lessee of Bernard Gratz against Patrick Campbell.
    Evidence of improvements made to the westward in consequence of a military permit shall not be received, unless an office right has been taken out therefor by the beginning of August 1769.
    Ejectment for 300 acres, on Sewickley Old Town creek.
    The plaintiff claimed one moiety of the land under a special order to David Franks, of the 1st April 1769, a survey thereon made 1st June 1769, and a conveyance from Franks.
    The defendant offered to shew, that he made a settlement on these lands in 1761, h:fore the U' On purchase, under a military permit, which lm assert-.-.! i-j Levo been lost; and that Christopher Hayes, the agent of the said Franks, had agreed to the running of a line between him and his principal. It was admitted, that he took out no office right until 1784.
    Mr. Young, pro quer.
    
    Messrs. Ross and Sample,pro def.
    
   But the court said, that such evidence in a case so circumstanced, would introduce the utmost confusion, and impair former * determinations. Here it is not attempted to shew by *73] parol evidence, that such a military permit ever existed. But if this had been shewn, it was incumbent on the party to obtain an office right after the opening of the land office on the 3d April 1769, or in a reasonable time afterwards ; and no case has yet gone further than by extending that time to the month of July following. PI ere the warrant was not obtained till 1784, and the military permit had long before lost its preference. As to the consent of Hayes to a line, it can have no -effect unless he was authorized to settle boundaries. The evidence was overruled.

Verdict pro quer.  