
    *Lessee of Thomas Buchannan against Adam Myer.
    An actual settler, who prevents the warrant holders from making a settlement and improvement within the period limited by law, shall not urge the non-performance of the conditions of settlement in his defence.
    Ejectment for 400 acres of land, in Buffaloe township, in Armstrong county, within the jurisdiction of Westmoreland county. The plaintiff claimed under a warrant for lands across the Allegheny, dated 3d February 1794, and a survey of 405 acres 112 perches, made thereon 19th April 1795.
    It appeared that no person was settled on the land at the time of the plaintiff’s survey. On the 1st June 1797, a survey- or was employed to trace the lines, but was threatened by the defendant, that he would cripple him if he did not desist. Pie held a gun in his hand, which he cocked, and declared he would shoot any one who would attempt to settle on tjie lands in question. By these means several persons were intimidated from going on the lands to -make a settlement.
    Mr. Addison, pro def. Mr. Woods, pro qtier.
    
   The matter was submitted to the charge of the court.

It was said by them, that there having been no actual settlement anterior to the plaintiff’s survey, the plaintiff’s title must prevail, unless it has been avoided by his non-performance of the conditions of settlement and improvement. But who has prevented this performance ? Who expects to derive a benefit from this improper conduct ? The answer is the defendant. If we count the period from which the settlement is to commence, from the 22d December 1795, the ratification of the treaty at Fort Grenville, the defendant has within the time allowed for making the settlement, obstructed the plaintiff or his agents, from complying with the law; and according to all our decisions shall reap no advantage therefrom. If the case was even dubious, the defendant’s lawless conduct should postpone him, on principles of general policy and safety.

Verdict for the plaintiff instanter.  