Heft v. Gephart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Centre county: No. 86, to May Term 1870. This was an action of ejectment to August Term 1866 by Jacob D. Heft against J. P. Gephart for 4997 acres of land in Gregg and Penn townships. The case was tried, February 5th 1868, before Barrett, P. J., of the 22d District.
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Error to the Court of Common Pleas of Centre county: No. 86, to May Term 1870. This was an action of ejectment to August Term 1866 by Jacob D. Heft against J. P. Gephart for 4997 acres of land in Gregg and Penn townships. The case was tried, February 5th 1868, before Barrett, P. J., of the 22d District. The plaintiff gave in evidence: 19 warrants of 400 acres each and surveys; patents to Thomas P. Cope in November 1796, and deed March 10th 1850 from Cope to William L. Musser. The deed to Musser described the land as “ all that large body and tract of land situate, &c., consisting of sundry…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Thompson, C. J.
It was properly conceded by the learned counsel for the plaintiff in error on the argument of this case, that the several assignments of error presented but two questions, viz. : was the land in question, consisting of some fifteen separate warrants and parts of warrants, to be regarded as all one tract, and seated, because on one of them a saw-mill had been erected by the owners of the whole, with a view to use the whole to supply timber for the manufacture of lumber at the mill? And, secondly, if not, were the taxes for…
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