Legal Opinion

City of Philadelphia v. Miller

Supreme Court of Pennsylvania

Decided July 1, 1865PublishedCited by 21 opinions

Error to the Common Pleas of Schuylkill county. This was an action of ejectment by Sarah A. Cochran against the City of Philadelphia, for a tract of land, partly in Mahanoy and partly in Butler townships, containing four hundred acres. Prior to the trial, Daniel Miller, grantee of plaintiff, was substituted as plaintiff. The plaintiff claimed the land under a treasurer’s sale to the commissioners of the county.

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Error to the Common Pleas of Schuylkill county. This was an action of ejectment by Sarah A. Cochran against the City of Philadelphia, for a tract of land, partly in Mahanoy and partly in Butler townships, containing four hundred acres. Prior to the trial, Daniel Miller, grantee of plaintiff, was substituted as plaintiff. The plaintiff claimed the land under a treasurer’s sale to the commissioners of the county. The defendant, under the will of Stephen Girard, claimed to be the owner of a body of lands composed of eight tracts in the warrantee names of Samuel •Scott, Thomas Grant, John Brady,…

1Opinion of the Court

The opinion of the court was delivered by

Agnew, J.

There are but two questions in this case which need to be noticed.

1. Whether an assessment of a certain number of acres of land, without any other description or means of identification, in the name of a person unknown, in connection with any title or possession of the land, will support a sale of the land as unseated for taxes.

2. Whether the evidence of the redemption ought not to have been received.

The tract in question was warranted in the name of James Trembel, and surveyed as four hundred and one acres and fifty-seven perches. The…

2Cases cited10 opinions

  1. Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
  2. Morton v. HarrisSupreme Court of Pennsylvania · 1840
  3. M'Call v. LorimerSupreme Court of Pennsylvania · 1835
  4. M'Coy v. MichewSupreme Court of Pennsylvania · 1844
  5. Dunn v. RalyeaSupreme Court of Pennsylvania · 1843

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3Cited by21 opinions

  1. Ulman v. Mayor of BaltimoreCourt of Appeals of Maryland · 1890
  2. Mayor of Baltimore v. ScharfCourt of Appeals of Maryland · 1880
  3. Bannard v. New York State Natural Gas Corp.Supreme Court of Pennsylvania · 1972
  4. Boulton v. StarckSupreme Court of Pennsylvania · 1951
  5. Herder Spring Hunting Club v. Keller, ApltsSupreme Court of Pennsylvania · 2016

16 more not listed; retrieve them via the Exa API.

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