McClements v. Downey
Superior Court of Pennsylvania
Appeal, No. 62, April T., 1896, by plaintiffs, from judgment of C. P., Indiana Co., March T., 1880, No. 71, on verdict for defendant. Ejectment for tract of land sold for taxes as unseated land. Before Greer, P. J., of the 17th judicial district, specially presiding.
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Appeal, No. 62, April T., 1896, by plaintiffs, from judgment of C. P., Indiana Co., March T., 1880, No. 71, on verdict for defendant. Ejectment for tract of land sold for taxes as unseated land. Before Greer, P. J., of the 17th judicial district, specially presiding. The facts sufficiently appear in the charge of the court, which is as follows: 'The plaintiffs in this case, on the 26th day of January, 1880, brought this action of ejectment to recover the possession of one hundred and fifteen acres of land, more or less, situate in Pine township, Indiana county. The writ describes the land,…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of ejectment for a part of a tract of land *453in the warrantee name of John Bowsman or Bousman, in Pine township.
The plaintiffs claim under two tax sales of unseated land in the name of John Bowman in Green township; the first in June, 1852, to James Mitchell, and the second in June, 1856, to James Dixson. It is claimed that both of these titles became vested in Bernard McCaffrey, the plaintiffs’ ancestor.
Pine township was set off from Green township in 1849.
The principal questions are: (1) Whether the Doyle improvement seated the whole tract. (2) Whether…
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