Lightner v. Mooney
Supreme Court of Pennsylvania
ERROR to the common pleas of Beaver county. This was an action of ejectment, brought by Jesse Lightner, plaintiff in error and plaintiff below, against James Mooney, in which a verdict and judgment were rendered in favour of the defendant. It was instituted to recover the possession of 100 acres of land, part of lot No. 2, in the first donation district, containing 500 acres.
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ERROR to the common pleas of Beaver county. This was an action of ejectment, brought by Jesse Lightner, plaintiff in error and plaintiff below, against James Mooney, in which a verdict and judgment were rendered in favour of the defendant. It was instituted to recover the possession of 100 acres of land, part of lot No. 2, in the first donation district, containing 500 acres. The plaintiff gave in evidence the duplicates containing the assessment of this tract with county taxes for the years 1817 and 1818, amounting to four dollars, and also the assessment of road taxes for the year 1817,…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
The principles on which the court below ruled this case, seem to us not sustainable. The relase from Laughlin, the purchaser at the treasurer’s sale, to the agent of the trustees of Jonathan B. Smith, could operate only as an original conveyance: for the two years allowed by law for redemption by the owner, after a sale of unseated lands for taxes, had run round, without any redemption by the owners, or conveyance from the purchaser, and the original title of the owners became thereby totally divested, there not being left in them even a…
2Cited by22 opinions
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- Maul v. RiderSupreme Court of Pennsylvania · 1868
- Tarbell v. . WestNew York Court of Appeals · 1881
- Edwards v. McKernanMichigan Supreme Court · 1885
- Shalemiller v. McCartySupreme Court of Pennsylvania · 1867
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