Legal Opinion

Bagley v. Wallace

Supreme Court of Pennsylvania

Decided July 3, 1827PublishedCited by 4 opinions

IN ERROR. This was an ejectment, brought by Wallace in the Court of Common Pleas of Susquehannah county, against Tiffany, and Bagley his tenant, for one hundred and forty-two acres and eighty-two perches of land. Wallace had sold and conveyed the land. For a balance of the purchase money, Tiffany had given a mortgage, dated the 10th of Jiugust, 1821, and upon that mortgage this ejectment was brought. The defence was, a defect of title.

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IN ERROR. This was an ejectment, brought by Wallace in the Court of Common Pleas of Susquehannah county, against Tiffany, and Bagley his tenant, for one hundred and forty-two acres and eighty-two perches of land. Wallace had sold and conveyed the land. For a balance of the purchase money, Tiffany had given a mortgage, dated the 10th of Jiugust, 1821, and upon that mortgage this ejectment was brought. The defence was, a defect of title. The title asserted by Wallace, was held under warrants in the names of Barnabas Binney and John Dunlap; being two of sixty warrants for four hundred acres…

1Opinion of the Court

The opinion of the court was delivered by

Tod, J.

This judgment appears to be erroneous. By the attainder of Andrew Allen, his lands, whether held by legal or equitable rights, were by the law vested in the commonwealth, to be sold by officers, specially appointed, and in a special mode, by auction, to the highest bidder; ahd the officers appointed to that duty were to be bound by oath, not to be interested directly or indirectly, or to malje any benefit by the forfeited, estates. The officers of the land office were bound by this law, and could not appropriate the forfeited estates, or any…

2Cited by4 opinions

  1. Commonwealth, Department of Transportation v. J. W. Bishop & Co.Supreme Court of Pennsylvania · 1981
  2. Commonwealth v. BaldwinSupreme Court of Pennsylvania · 1832
  3. Congregation v. MilesSupreme Court of Pennsylvania · 1835
  4. Henness v. MeyerSupreme Court of Pennsylvania · 1839

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