
    *Lessee of Gabriel Peterson, William Tucker and Anna his wife, John Churchfield and Christiana his wife, against George Logan.
    An original ancient letter from an assistant to the deputy surveyor of the district, indorsed by him, and found among the office papers, mentioning that he had received an order from G. A. for a survey made for him, allowed in evidence as a receipt for surveying fees.
    Where a person claiming an application, asserts that G. C. presented him with it, an original memorandum of G. C. that he had the lands under his care for another, admitted in evidence.
    Ejectment for lands in Springfield township.
    The sole question was, who was entitled to an application entered in the name of Lawrence Peterson on the 4th November 1766, and to the survey of 441 acres thereon in 1767.
    A person of that name lived about the house of George Cro-ghan, not far distant from the premises, who said that Croghan had given him the location for his services. Pie was a poor man, and occupied himself in hunting, removed to Westmore-land" county, and there died. The lessors of the plaintiff claimed as his heirs.
    The defendant claimed under George Armstrong. In order to shew his interest in the location, a letter from Robert M'Kinzie, an assistant of Richard Tea, the surveyor of the district, directed to Tea, dated 2d November 1767, mentioning the application in the name of Peterson, and that he made a survey thereon and other surveys for Armstrong, for the surveying fees whereof he had received an order, and that he had charged him only 20s. for making each survey, was offered in evidence by the defendant. The letter was proved to have been found amongst the office papers of George Woods, late deputy survey- or, at Bedford, and was indorsed in the hand writing of Tea, as an original.
    The same was excepted to by the plaintiff’s counsel.
    Messrs. C. Smith and Brown, pro quer.
    
    Messrs. Hamilton and Watts, pro def.
    
   The court said, it bore every appearance of an ancient original paper, and was found in the office of the district surveyor. M'Kinzie had been dead many years, and Tea now was disqualified from giving testimony. Was it not tantamount to the assistant’s receipt for the surveying fees ? It was an acknowledgment of taking an order in payment; and shews at whose instance and expence the survey was made. The letter was read in evidence.

The premises in question were called “Turkey Hill.” To invalidate the assertion of old Peterson, that Croghan had presented him with the application, an original memorandum of Croghan, of lands under his care, without any date, containing ^amongst others the following entry: “One tract. Col. George Armstrong. Turkey Hill. Run out,” was offered [*196 in evidence and admitted by the court, as repelling the declarations of Peterson, but for no other purpose.

One William Winton first seated himself on the land in 1773, and conveyed his improvement to the defendant 21st March 1780, who had since resided on it.

Old Peterson had a small cabin on other lands about 22 miles distant. He often hunted over this tract in question in 1767 and x 768, with a witness who was produced, but never claimed it in his hearing, though he spoke to him of his distant cabin. It was publickly spoken of in the neighborhood, as gentleman’s land, and claimed by Armstrong, and persons under him.

The plaintiff suffered a nonsuit.  