Brown v. Day
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Monroe county: Of July Term 1874, No.’ 1. This was an action of ejectment, brought December 2d 1870, by Israel Day, Samuel Saylor, Thomas C. Davis, and William Mc-Murtrie against John Brown, John Stoddart, and John R. Crellin, for a tract of land in Tobyhanna township, Monroe county, formerly part of Northampton, in the warrantee name of Samuel Harvey, containing 413f- acres, bounded by lands in the warrantee names of Mary Harvey and…
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Error to the Court of Common Pleas of Monroe county: Of July Term 1874, No.’ 1. This was an action of ejectment, brought December 2d 1870, by Israel Day, Samuel Saylor, Thomas C. Davis, and William Mc-Murtrie against John Brown, John Stoddart, and John R. Crellin, for a tract of land in Tobyhanna township, Monroe county, formerly part of Northampton, in the warrantee name of Samuel Harvey, containing 413f- acres, bounded by lands in the warrantee names of Mary Harvey and others. The case was tried January 1st 1874, before Streeter, P. J., of the Thirty-fourth district. The plaintiff’s…
1Opinion of the CourtChief Justice Agnew
The argument in this case took a wide range, involving questions of abandonment, seisin, possession, casual entries, and other matters often important in determining questions of title. But the true attitude of this casé presents only a single principal question, to wit: Whether the two plaintiffs, Israel Day and Samuel Saylor, had, in the year 1860, such claim or color of title to the Samuel Harvey tract as enabled them rightfully to pay the taxes. ■ If they had, then the taxes being paid, and accepted .,by the treasurer in fact, and the misapplication of the money to the wrong tract being…
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