Taylor v. Taylor
Supreme Court of Pennsylvania
Appeal, No. 191, Jan. T., 1909, by defendant, from judgment of C. P. McKean Co., Dec. T., 1906, No. 140, on verdict for plaintiff in case of James Taylor v. Welthia A. Taylor. Ejectment for land in Annin township. Before Lindsey, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 191, Jan. T., 1909, by defendant, from judgment of C. P. McKean Co., Dec. T., 1906, No. 140, on verdict for plaintiff in case of James Taylor v. Welthia A. Taylor. Ejectment for land in Annin township. Before Lindsey, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows: The question which we have here, as we understand it, is which obtained the better title? And we are of opinion that if the treasurer’s sale for the 238 acres to the commissioners of McKean county was first in time on that date, namely,…
1Opinion of the Court
Opinion by
Me. Justice Elkin,
This is an action of ejectment in which a tax title is arrayed against a tax title. It is argued for appellant that plaintiff must stand upon the strength of his own > title and not upon the weakness of that of his adversary, *427which of course is the law, and that he cannot recover in this action because of failure to meet this burden. There is no difficulty about the rulé, and the question involved in the court below and here is whether the plaintiff was entitled to recover upon the strength of his own title. If the plaintiff did not have a valid title he cannot…
2Cases cited5 opinions
- Brundred v. EgbertSupreme Court of Pennsylvania · 1894
- Miller v. HaleSupreme Court of Pennsylvania · 1856
- Kunes v. McCloskeySupreme Court of Pennsylvania · 1887
- Irwin v. TregoSupreme Court of Pennsylvania · 1853
- McCloskey v. Kunes, Pennsylvania Court of Common Pleas, Centre County1891
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- Proctor v. Sagamore Big Game ClubCourt of Appeals for the Third Circuit · 1959