Huston v. Foster
Supreme Court of Pennsylvania
ERROR to the common pleas of Huntingdon county. This was an ejectment by William Foster against Matthew Huston, for four hundred and four acres of land. Matthew Huston, the defendant, was the tenant of Mrs Cadwallader, in whom the original title had been. The plaintiff proved that Samuel Steel had been treasurer of Huntingdon county for the year 1820, and then offered in evidence a deed from him to the commissioners for the land in dispute, sold in that year for taxes.
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ERROR to the common pleas of Huntingdon county. This was an ejectment by William Foster against Matthew Huston, for four hundred and four acres of land. Matthew Huston, the defendant, was the tenant of Mrs Cadwallader, in whom the original title had been. The plaintiff proved that Samuel Steel had been treasurer of Huntingdon county for the year 1820, and then offered in evidence a deed from him to the commissioners for the land in dispute, sold in that year for taxes. It was objected to: 1. Because, under the acts of assembly, it required a specific case before they could purchase, and it…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
By the common law, which views every invasion of the sanctity of property with peculiar jealousy, an authority to divest the title of another is required to be strictly pursued, and as the maxim omnia rite presumuntwr is appropriate but to judicial proceedings, no intendment in respect to the exercise of it is to be made in favour of what does not appear; so that every act whose performance is made a condition of the divesture, must be shown by proof. It is this principle which requires the assignees of a bankrupt, in an action against a…
2Cases cited3 opinions
- Lessee of Simon v. BrownSupreme Court of Pennsylvania · 1801
- M'Coy v. Trustees of Dickenson CollegeSupreme Court of Pennsylvania · 1819
- Lessee of Watt v. GilmoreSupreme Court of Pennsylvania · 1798
3Cited by4 opinions
- City of Philadelphia v. MillerSupreme Court of Pennsylvania · 1865
- Peters v. HeasleySupreme Court of Pennsylvania · 1840
- Kirkpatrick v. MathiotSupreme Court of Pennsylvania · 1842
- Watson v. JonesSupreme Court of Pennsylvania · 1877