Legal Opinion

Morton v. Harris

Supreme Court of Pennsylvania

Decided May 15, 1840PublishedCited by 16 opinions

ERROR to the common pleas of Perry county. This was an action of ejectment by John H. Harris against Martin Morton and John Bear, to recover a tract of land in Rye township containing 328 acres, 51 perches. The plaintiff gave in evidence a patent to Hugh Ferguson, dated 1st July 1786, describing the land as adjoining George Allen and Wm. M’Kee.

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ERROR to the common pleas of Perry county. This was an action of ejectment by John H. Harris against Martin Morton and John Bear, to recover a tract of land in Rye township containing 328 acres, 51 perches. The plaintiff gave in evidence a patent to Hugh Ferguson, dated 1st July 1786, describing the land as adjoining George Allen and Wm. M’Kee. The return of this tract of land in 1803 by the deputy surveyor to the commissioners as unseated.—21st September 1809, warrant from the commissioners to John Boden, treasurer, to sell (among others) the tract of land in the name of Hugh Ferguson, for…

1Opinion of the Court

The opinion of the court was delivered by

Huston, J.

Although we have, for a long series of years, had laws under which lands on which no person resided and no improvements were made, were sold for taxes, and many hundred sales have taken place, yet no instance occurs previous to 1815, in which the purchaser at a sale for taxes has succeeded in making out a good title in court, unless where the statute of limitations has come in aid of the treasurer or commissioner’s deed.

■ The courts having decided that, to vest a title in the purchaser of lands sold for taxes, an exact and literal compliance…

2Cases cited2 opinions

  1. Riddle v. County of BedfordSupreme Court of Pennsylvania · 1821
  2. Luffborough v. ParkerSupreme Court of Pennsylvania · 1827

3Cited by16 opinions

  1. Beacom v. Robison Et Ux.Superior Court of Pennsylvania · 1945
  2. Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
  3. Bannard v. New York State Natural Gas Corp.Supreme Court of Pennsylvania · 1972
  4. City of Philadelphia v. MillerSupreme Court of Pennsylvania · 1865
  5. Boardman v. BourneSupreme Court of Iowa · 1865

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