Legal Opinion

Devor v. M'Clintock

Supreme Court of Pennsylvania

Decided May 15, 1845PublishedCited by 4 opinions

ERROR to the Common Pleas of Perry county. John M’Clintock against James H. Devor, Esq. This was an action of ejectment for twenty acres of land, in which each party claimed under the same original title.

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ERROR to the Common Pleas of Perry county. John M’Clintock against James H. Devor, Esq. This was an action of ejectment for twenty acres of land, in which each party claimed under the same original title. The land was originally in Cumberland county, and that part of it which was erected into a new county, called Perry, in 1820. Taxes were regularly assessed upon it in Cumberland county from 1796 to 1809, and in 1824 it was sold for their payment by the treasurer of Cumberland county, and the commissioners became the purchasers. In 1831 they sold the land, and the defendant became the owner…

1Opinion of the Court

*81The opinion of the Court was delivered by

Gibson, C. J.

The land in dispute was sold by the treasurer of Perry county, for taxes assessed on it after the organization of that county; and prima facie the plaintiff, who became the purchaser, therefore has a title. Against it the defendant sets up a previous sale by the treasurer of Cumberland to the commissioners of that county, who had bid the land off under the fifth section of the Act of 18Í5 ; and a conveyance from those commissioners to the defendant’s vendor, a short time subsequent to the conveyance by the treasurer of Perry to the…

2Cases cited1 opinion

  1. Bartholemew v. LeechSupreme Court of Pennsylvania · 1838

3Cited by4 opinions

  1. Goodman v. SangerSupreme Court of Pennsylvania · 1879
  2. City of Philadelphia v. RaupSupreme Court of Pennsylvania · 1896
  3. Deason v. DixonMississippi Supreme Court · 1877
  4. Rank v. Dauphin & Susquehanna Coal Co., Pennsylvania Court of Common Pleas, Lebanon County1852

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