Shalemiller v. McCarty
Supreme Court of Pennsylvania
Error to the Court of Common Plea.s of Lycoming county. This was an action of trespass by Rachel McCarty and others against Tobias Shalemiller, for breaking their close and cutting and carrying away timber trees. The writ was issued January 6th 1865. On the 16th of April 1858, the title to the locus in quo was in William McCarty: the plaintiffs are his widow and heirs, he having died.
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Error to the Court of Common Plea.s of Lycoming county. This was an action of trespass by Rachel McCarty and others against Tobias Shalemiller, for breaking their close and cutting and carrying away timber trees. The writ was issued January 6th 1865. On the 16th of April 1858, the title to the locus in quo was in William McCarty: the plaintiffs are his widow and heirs, he having died. The land had been sold at treasurer’s sale to the defendant, who entered upon it before the expiration of the two years allowed for redemption, and cut the timber in question. The McCarty heirs brought this…
1Opinion of the Court
*188The opinion of the court was delivered, May 13th 1867, by
Thompson, J.
— We think the learned judge of the Common Pleas committed no error in his answers to the defendant’s points, or in charging the jury that the plaintiffs were entitled to recover.
The uniform understanding and belief of the profession and people of this Commonwealth, for over half a centui-y, has been, that a purchaser of unseated lands for taxes, when he receives his deed, takes but an inchoate or inceptive title, which requires the lapse of two years from the date of sale to ripen into an absolute title. This it will do if…
2Cases cited2 opinions
- Lightner v. MooneySupreme Court of Pennsylvania · 1840
- Church v. RiddleSupreme Court of Pennsylvania · 1843
3Cited by13 opinions
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- In re PittmanUnited States Bankruptcy Court, E.D. Pennsylvania · 2016
- In re TerryUnited States Bankruptcy Court, E.D. Pennsylvania · 2014
- In re TerryDistrict Court, E.D. Pennsylvania · 2015
- Philadelphia v. UnknownSuperior Court of Pennsylvania · 1906
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