Legal Opinion

Reading v. Finney

Supreme Court of Pennsylvania

Decided May 17, 1873PublishedCited by 7 opinions

Error to the Court of Common Pleas of JElh county: Of January Term 1873, No. 22. This was an action of ejectment, brought December 17th 1870, by John G. Reading and Charles Bartles against A. C. Einney and others, for a tract of land in Jay township, containing 154 acres more or less. The tract is part of warrant No. 4896 to Wilhelm Willink, surveyed July 18th 1794, as 990 acres, in Clearfield county.

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Error to the Court of Common Pleas of JElh county: Of January Term 1873, No. 22. This was an action of ejectment, brought December 17th 1870, by John G. Reading and Charles Bartles against A. C. Einney and others, for a tract of land in Jay township, containing 154 acres more or less. The tract is part of warrant No. 4896 to Wilhelm Willink, surveyed July 18th 1794, as 990 acres, in Clearfield county. The survey was interfered with by other warrants surveyed in 1785, known as the “ Creek Surveys,” so that warrant and survey No. 4896 could hold but 790 acres. The plaintiffs claimed the 154…

1Opinion of the Court

The opinion of the court was delivered, May 17th 1873, by

Sharswood, J.

It is certainly true, that under the Acts of the General Assembly, providing for the sales of unseated lands for taxes, the land is the debtor, and is subject to sale without *472regard to the ownership; no matter in whose name it may be assessed: Strauch v. Shoemaker, 1 W. & S. 166. Rut it is also true that these acts, and the decisions of this court in the construction of them, have not neglected to look to the protection of the rights of the owner, so that if he is not in default in the payment of the taxes on the land…

2Cases cited2 opinions

  1. Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
  2. Morton v. HarrisSupreme Court of Pennsylvania · 1840

3Cited by7 opinions

  1. Scranton v. O'Malley Manufacturing Co.Supreme Court of Pennsylvania · 1941
  2. Bannard v. New York State Natural Gas Corp.Supreme Court of Pennsylvania · 1972
  3. Nypen Corporation v. SechristSuperior Court of Pennsylvania · 1939
  4. McGuire v. GilbertSuperior Court of Pennsylvania · 1930
  5. Campbell v. Warden, Pennsylvania Court of Common Pleas, Jefferson County1942

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