Ellis v. Hall
Supreme Court of Pennsylvania
Error, to the Common Pleas of Montour county. This was an action of ejectment by Elizabeth Hall v. Stephen E. Ellis and George W. Andy, for 365 acres of land, lying in Montour, formerly Columbia county. Defendants pleaded severally, not guilty. April 29, 1852, verdict for the plaintiff.
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Error, to the Common Pleas of Montour county. This was an action of ejectment by Elizabeth Hall v. Stephen E. Ellis and George W. Andy, for 365 acres of land, lying in Montour, formerly Columbia county. Defendants pleaded severally, not guilty. April 29, 1852, verdict for the plaintiff. The jury assessed for Stephen F. Ellis, for the value of his improvements made on his part of the land, $113.25, and for George W. Andy, for the value of his improvements made on Ms part of the land, $359.33. The plaintiff’s title was founded upon a warrant to Robert Brady, dated 4th March, 1793, for 400…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Lowrie, J.
Leaving out of view some exceptions instituted by recent legislation, the general rule of law is, that taxes on seated lands are a charge upon the person merely, and those on unseated lands are a charge upon the land merely: 10 Ser. & R. 256; 9 Id. 112; 6 Watts 272. As, therefore, the defendants below claim under a sale for taxes, it is necessary to the plaintiff’s success that it appear that the land was seated, and of consequence, not liable to sale for taxes.
When does a tract of wild land become seated ? We advance one step in the…
2Cases cited2 opinions
- Kennedy v. DailySupreme Court of Pennsylvania · 1837
- Campbell v. WilsonSupreme Court of Pennsylvania · 1833
3Cited by5 opinions
- Pottsville Lumber Co. v. WellsSupreme Court of Pennsylvania · 1893
- Northumberland County v. Philadelphia & Reading Coal & Iron Co.Court of Appeals for the Third Circuit · 1942
- McClements v. DowneySuperior Court of Pennsylvania · 1896
- Ekin v. Board of CommissionersCommonwealth Court of Pennsylvania · 1985
- Green v. Laurel Hunting Club, Pennsylvania Court of Common Pleas, Centre County1947