
    Lessee of Richard Neave, sen., and Richard Neave, jun., against Jonathan Edwards and George Weisgarver.
    An improvement abandoned, gives no claim; but when made bona fide and duly followed up, will be preferred to a general indescriptive warrant, without a survej.
    Ejectment for one messuage, 6 acres of meadow, 20 acres of arable land, and 145 acres of woodland, in Bedford township.
    The plaintiff claimed under a warrant to James Caldwell, for 400 acres in the forks of Dunning’s creek, including his improvement, in Cumberland County, dated 31st May 1763 ; a survey thereon of 850 acres and allowance by Richard Tea, on the 16th May 1765, and sundry mesne conveyance. It being afterwards discovered, that the survey included patented lands held under an elder right, a warrant of re-survey was obtained, upon which a re-survey was made by George Woods, on the 3d May 1776, containing 586 acres and 125 perches excluding the patented lands, but including the defendant’s house and claim, which were also comprehended within the lines of the original survey.
    The defendants produced witnesses, who swore, that in August 1762, one Robert Owings made improvementsjon the land, by building a small cabin, clearing a field of near two acres, inclosed with a brush fence, and planting com therein. In the spring following the settlers were driven oil by the Indians. Owings left the place amongst the rest, and never returned.
    In 1776, Robert Adams, jun. understanding that Owings had relinquished all claim, came to the old improvement and cleared ,a small spot for hemp-seed. In the succeeding year he raised another small cabin, and was then driven off’by the Indians. Weisgarver lived about three miles distant, and took possession, but not claiming under' Owings. About 1783, he applied to Adam$ to purchase his improvement.
    
      The plaintiff’s counsel offefed to prove, that 0 wings had entirely given up his claim before the survey 1765, but were stopped by the' court, who said there was already given full and satisfactory evidence of an abandonment. Owings quitted his cabin in 1763, and never returned nor claimed the land. Under a warrant like the present, not precisely descriptive of particular lands, and when there was much-vacant land in the forks of Dunning’s creek, a fair bona fide settlement made before the survey, and continued from time to time, unless interrupted by the enemy, would be entitled to the preference. Here no less than 850 acres were surveyed under a 400 acres warrant, But circumstanced as this case is, the plaintiff’s title must necessarily prevail.
    Messrs. Hamilton, Duncan and Woods, pro quer.
    
    Messrs. Brown and Riddle, pro clef.
    
   Verdict pro qwer. instanter.  