Troutman v. May
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. This was an ejectment by John May against George Troutman and Henry Keyser, for a tract of 302J acres of land, in Londonderry township, Bedford county.
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Error to the Common Pleas of Bedford county. This was an ejectment by John May against George Troutman and Henry Keyser, for a tract of 302J acres of land, in Londonderry township, Bedford county. The plaintiff claimed the land in dispute, by virtue of an order of location, No. 346, issued to John Frazer on the 1st August 1766, for 300 acres of land, “on the head-waters of Wills Creek, south side of the dividing ridge, known by the name of the Two Springs;” and a survey thereon, on the 3d April 1767, of 3021-acres and allowance. This tract was assessed as unseated land in 1788-9, and sold by…
1Opinion of the Court
*459The opinion of the court was delivered by
Woodward, J.
If the title was not out of the Commonwealth, there was no authority to sell the land for taxes, and the tax title relied on by the plaintiff cannot avail him. For the same reason, he would be forbidden to make title under the statute of limitations. The Commonwealth’s rights are unaffected alike by the statutes of limitation, and by those that authorize the sale of .lands for unpaid taxes. The first question, therefore, that arises upon this record is, whether the state’s title had been divested.
John Frazer’s application of 1st August…
2Cases cited3 opinions
- Foster v. M'DivitSupreme Court of Pennsylvania · 1840
- Foust v. RossSupreme Court of Pennsylvania · 1841
- Lessee of Biddle v. DougalSupreme Court of Pennsylvania · 1812
3Cited by2 opinions
- Commonwealth v. Central Realty Co.Supreme Court of Pennsylvania · 1939
- State National Bank v. City of MemphisTennessee Supreme Court · 1906