Downing v. Shoenberger
Supreme Court of Pennsylvania
ERROR to the common pleas of Centre county. Richard Downing and others, heirs at law of Richard P. Downing, deceased, against George Shoenberger and John H. Shoenberger. Ejectment for a tract of land.
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ERROR to the common pleas of Centre county. Richard Downing and others, heirs at law of Richard P. Downing, deceased, against George Shoenberger and John H. Shoenberger. Ejectment for a tract of land. There was no dispute about the original title, which was in Richard Downing, in whose name it was sold in 1830 for the taxes of 1826 to 1829, by the treasurer, to Isaac Miller, who conveyed to Dr Peter Shoenberger, under whom the defendants, his sons, claim: and this sale was regularly made. . Richard Downing, by his will, dated the 25th of April 1819, devised the land to his grand-children, of…
1Opinion of the Court
The opinion of the court was delivered by
Houston, J.
This case arose on the meaning and true construction of the fourth section of the act of 13th March 1815; but I will go back to the act of the 3d April 1804, entitled, an act directing the mode of selling unseated lands for taxes, in the third section of which we find, “ that where the owner of such lands sold as aforesaid, shall, at the time of such sale, be a minor, or insane, and residing within the United States, five years after such disability is removed shall be allowed such person or persons, or their heirs or legal representatives,…
2Cited by3 opinions
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- Soohan v. City of PhiladelphiaSupreme Court of Pennsylvania · 1859
- Jacobs v. PorterSupreme Court of Iowa · 1872