Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1881-03-02
CLAIMING A LARGE POR TION
OF ALLEGHENY-HIL-
LIONS INFOLED.-

A great many AleghenianI will be
surprised to learn that an effort is being
made to get possession of their proper
, tv. by an eiectment suit in one of ouI
! Courts Marshall Swartzwelder has
! been retained as counsel, for the heirs
Of man named Garret Pendergrass,
who lived here in l71O, and two OF
/ whose descendants now live in Allegh.
eny, for whom Mr.. Swartzwelder ap-
pears The heirs of PendergrasS,
whose names are-RobinsOn and
-COlton, expect to establish in them
| selves a clear title to all that portion of
Allegheny Citv known as the "Reser-
we'd Tract" which embraces all the
| property below Federal street, far into
Manchester, and extending a mile and
a half back over Observatory Hill
The property in question comprises
some of the most valuable in this coun-
ty. and would sell to-day for many
millious of dollars The West Parks,
Ridge, Irwin, Lincoln, Western, NortE
aud Allegheny avenues are all included
in the claim, besides many other valu-
| able streets Parties are now employed
looking the case up, aud in the course
of a few days a suit in ejectment will
be brought in the county courts for
possession of all this immense tract of
land. The attack upon the title of
these estates is supported by Judge
| Hall, Of Bedford county, who is per-
haps one of the best posted men on
antiquities in this State, and who
knows thoroughly the history and
possessions of the Pendergrass family.
1t was he who said to Mr. Swartz-
welder that the Pendergrass heirs have
a title in this property. The suit bids
fair to rival, if not far surpass, the
famous "Cubauqit case" which has
been the cause of much litigation in this
county for many years An exact copy
of the deed under which these people
claim and by virtue of which suit will
be entered, is given below. and will
serve to show with what degree of
sincerity the proceedings are contem-
plated. The following is the deed
referred to:
Know all men bv these presents,
that whereas a certain Garret Pender-
grass Sr., of Bedford Settlement, in
the Province of Pennsylvania, and the
County of Cumberland. was settled for
some number of years past by leave of
the Chiefs or deputies of the Six Ma
tions Of Indians on a tract OF land,
where Bedford is now situated while
the said la d was yet the property of
US and said chiefs and deputies. Said
Pendergrass being dispossessed of said
land in the time of the war between
the French and English, and before the
said Pendergrass could safely return TO
live on said land it was entered upon
by people who have from time to time
and vet continue to keep said Pender-
grass fIom enjoyment from said tract
of land. Said Pendergrass, at the last
treaty held at Fort Pitt with the rep
resentatives of the said Six Nations,
informed our said chiefs or their repre-
sentatives or deputies that be was de-
prived of the said tract Of land as above
mentioned, whereupon Us and our said
deputies did then at the said treaty
give him the said Pendergrass our
lease in writing under our hands to
settle on a tract of land called Long
Reach, near the mouth of the Gaughv'
again. but he said last mentioned tract
being at the time of the said treaty, or
before it, improved by some other per
son or persons, contrary to onr eXpec-
| tations, for which reason he, the said
Pendergrass has not obtained possession
of the latter mentioned tract, and can
not quietly enjoy either Of the two
above mentioned tracts; know We, there
| fore. that we the under or within bound
subscribers who have hereunto caused
our names To be set and have put our
marks, the first of us assigning being
| one of the chiefs and the other two
DEPUTIES of the said Six Nations, do
give and grant to the said Garret Pen
| dergras:. his heirs and trustees forever,
| our full leave and liberty Of US and for
and in behalf of the said Six Nations,
to settle on tract of land on the north
side of the Allegheny river opposite To
Fort Pitt, 10 join the said river on The
one side and to extend one mile and a
half from the landing on the nortL side
of the said Allegheny river opposite to
Fort Pitt. in form Of a semi-circle from
said landing, hereby granting to him
and his heirs. trustees and assigns, full
liberty to build houses, make improve
-lt hn nt
land or anv part thereof, and that he,
the said Pendergrass, may the more
quietly enjoy the said land aud any ben
eft that him, his heirs or assigns shall
make or can make thereby, we do for
ourselves and in behalf OF the said Six
Nations, discharge all people whatso-
ever from molesting or disturbing the
said Pendergrass, his heirs or assigns,
in the possession or quiet enjoyment OF
the said land or any part thereof, and
we do by these presents firmly eng'ge
and promise to answer all objections
that anv Indian tribe or tribes may
have to the making of the above settle
ment.
In witness whereof we have caused
our names hereuntO fo he subscribed,
and have hereunto set our marks, In the
month of February. in the year of our
Lord God one thousand seven hundred
and seventy.
ANONQUIT,
ENISHERA,
or Capt Henry MoultGn, H. NJ.
CoNNEHRACAHECAT,
or the White Mingo.
Signed and agreed to before James
Elliott, Garrett Pendegrass, Jr.
Bedford IS
Came before me the subscriber one
of His Maiesty's Justices Of the Peace
for said county, the within named
Inl;nnr liz Annnnnit Eni.h hnra or