Babcock v. Case
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county: No. 108, to January Term 1869. This was an action of assumpsit brought March 21st 1867 by Howard J. Case against Jerome Babcock, to recover the sum of $500, being the consideration paid by the plaintiff to the defendant for land for which the defendant had no title.
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Error to the Court of Common Pleas of Warren county: No. 108, to January Term 1869. This was an action of assumpsit brought March 21st 1867 by Howard J. Case against Jerome Babcock, to recover the sum of $500, being the consideration paid by the plaintiff to the defendant for land for which the defendant had no title. The case was tried below, September 18th 1868, before Johnson, P. J. The plaintiff gave in evidence a deed from the treasurer of Warren county, dated June 11th 1860, to P. Falconer, for 130 acres of land in Deerfield township, “tract No. 164,” sold for taxes; assignment January…
1Opinion of the Court
The opinion of the court was delivered, May 12th 1869, by
Thompson, C. J.
The plaintiff in error, Babcock, sold the land which gave rise to this controversy to the defendant in error, at the distance of some thirty-five or forty miles from its alleged location. There was testimony to show that he represented the title as good; that it was a tax title; that he had bought from Mr. Falconer, and had been to Tideout, where the land lay, and looked it up, and found it all right. Of course, this was equivalent to saying that the land was unseated and subject to be sold for taxes at the time the taxes…
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