Wells v. Smyth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clinton county. This was an action of ejectment by Lewis E. Wells against Samuel Smyth and Michael Stout, for a tract of 1100 acres of land in Leidy township, commenced January 13th 1865. The land had been surveyed, in pursuance of warrant No. 3888, to John Olden, issued July 17th 1793. The plaintiff claimed the land by virtue of a sale for taxes as unseated land.
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Error to the Court of Common Pleas of Clinton county. This was an action of ejectment by Lewis E. Wells against Samuel Smyth and Michael Stout, for a tract of 1100 acres of land in Leidy township, commenced January 13th 1865. The land had been surveyed, in pursuance of warrant No. 3888, to John Olden, issued July 17th 1793. The plaintiff claimed the land by virtue of a sale for taxes as unseated land. On the trial, before Linn, P. J., the plaintiff gave in evidence, “ List of unseated lands in Leidy township for the year 1858:— No. 3888, quantity 1100 acres ; name of warrantee John Olden ;…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1867, by
Agnew, J.
— It is not necessary to examine the errors assigned in detail, as the case turns on the single question, whether there was sufficient evidence of an assessment of taxes upon the land more than one year before the treasurer’s sale. The learned judge in the court below thought not. In this we think he was in error. The plaintiff gave in evidence a book brought from the commissioners’ office, proved by the clerk to be the assessments of Leidy township for the years 1858 to 1863, inclusive, bound together, of which one was a list…
2Cases cited3 opinions
- Fager v. CampbellSupreme Court of Pennsylvania · 1836
- Bratton v. MitchellSupreme Court of Pennsylvania · 1844
- Bratton v. MitchellSupreme Court of Pennsylvania · 1841
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