McClelland v. Hogan
Supreme Court of Pennsylvania
Error to the Common Pleas of Venango county. The defendants in error brought ejectment, and having shown title, Lambertson proved a purchase at a tax sale, a sale of part to McClelland, and improvements made by them; it was then shown the tract was improved at the time of the tax sale. The case is stated on the paper-hook to be the same as was decided in 2 Watts & Serg. 107. Probably that was for part of the same tract.
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Error to the Common Pleas of Venango county. The defendants in error brought ejectment, and having shown title, Lambertson proved a purchase at a tax sale, a sale of part to McClelland, and improvements made by them; it was then shown the tract was improved at the time of the tax sale. The case is stated on the paper-hook to be the same as was decided in 2 Watts & Serg. 107. Probably that was for part of the same tract. The defendants relied on the acts of Assembly commented on in the opinion of Mr. Justice Rogers. The court instructed the jury, tire original purchaser must be considered as…
1Opinion of the CourtRogers, J.
— A defendant in ejectment, claiming title under ' a treasurer’s sale for tire payment of taxes, is not entitled to recover compensation for the value of his improvements, if his title be defeated, on the ground that the land was not unseated at the time the taxes were assessed upon it, and for payment of which it was sold. Nor is a subsequent purchaser in any better situation than the vendee of the treasurer. The point was ruled on the impregnable ground, that the tract being seated, the treasurer has no authority to sell, and, consequently, the-title of the purchaser Avas null and void for…
2Cases cited4 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Bedford v. ShillingSupreme Court of Pennsylvania · 1818
- O'Conner v. WarnerSupreme Court of Pennsylvania · 1842
- M'Kee v. LambertonSupreme Court of Pennsylvania · 1841
3Cited by7 opinions
- Titusville Iron Works v. Keystone Oil Co.Supreme Court of Pennsylvania · 1888
- Stuart v. Gimbel Bros., Inc.Supreme Court of Pennsylvania · 1925
- Hefner v. DowningTexas Supreme Court · 1882
- Commonwealth ex rel. Roney v. WarwickSupreme Court of Pennsylvania · 1895
- In re Condemnation by the City of Coatesville of Certain Properties & Property Interests for Use as a Public Golf Course, Pennsylvania Court of Common Pleas, Chester County2002
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