Stoetzel v. Jackson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Columbia county. Ejectment, by John A. Jackson and wife, George D. Heron and wife, Charles J. Tower, and Robert M. Cummings against Eli Stoetzel, to recover possession of a tract of land in Conyngham township, described in the writ as containing three hundred eighty-six acres and sixteen perches.
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Error to the Court of Common Pleas of Columbia county. Ejectment, by John A. Jackson and wife, George D. Heron and wife, Charles J. Tower, and Robert M. Cummings against Eli Stoetzel, to recover possession of a tract of land in Conyngham township, described in the writ as containing three hundred eighty-six acres and sixteen perches. On the trial, before Elwell, P. J., the plaintiffs gave in evidence a warrant from the Commonwealth to Ebenezer Bran-, ham for a tract of four hundred acres then in Northumberland county, upon which a survey was made and returned to the land office, and a patent…
1Opinion of the CourtJustice Gordon
Land may be seated as well by an intruder as by au owner: Sheaffer v. McKabe, 2 Watts, 421; Rosenburger v. Schull, 7 Watts, 390; Jackson v. Sassaman, 5 Ca., 106. It follows that the question of whether a tract of land is seated or unseated depends altogether upon what has been, or is being done upon it; upon the appearance which it may present to the eye of the assessor. As was said in one of the cases above cited, Rosenberger v. Schull, the assessor has nothing to do with the misapprehensions or mistakes of the occupant; it is his business to return the land as seated if he finds upon it…
2Cases cited2 opinions
- Sheaffer v. M'KabeSupreme Court of Pennsylvania · 1834
- Rosenburger v. SchullSupreme Court of Pennsylvania · 1838
3Cited by16 opinions
- Albert v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1968
- Bannard v. New York State Natural Gas Corp.Supreme Court of Pennsylvania · 1972
- Herder Spring Hunting Club v. Keller, ApltsSupreme Court of Pennsylvania · 2016
- Proctor v. Sagamore Big Game ClubDistrict Court, W.D. Pennsylvania · 1958
- Scott v. BellSupreme Court of Pennsylvania · 1942
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