M'Bride v. Hoey
Supreme Court of Pennsylvania
ERROR to Mercer county. This was an action of ejectment by William Hoey against James' M’Bride, John M’Bride and William Clark. The plaintiff’s title was a deed of the 8th of July 1822, from the treasurer of the county for the land in dispute, which was unseated and sold for taxes; about the regularity of which .there was no question.
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ERROR to Mercer county. This was an action of ejectment by William Hoey against James' M’Bride, John M’Bride and William Clark. The plaintiff’s title was a deed of the 8th of July 1822, from the treasurer of the county for the land in dispute, which was unseated and sold for taxes; about the regularity of which .there was no question. The defendants, to maintain the issue on their part, gave in evidence a deed from Theophilus T. Ware, United States collector, of the 3d of July 1821, which was also upon a sale for taxes ; and a receipt of the 10th of June 1824, of the county treasurer, for 27…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The only question presented in this case is, whether any other than the true owner, or some one authorised by him, can redeem unseated lands, sold in this state for non-payment of the taxes assessed on it. This question must be decided by a reference to the acts of assembly authorising the assessment of taxes on unseated lands, and the sale of them in case of neglect by the owners to pay such taxes.
By the act of the 3d of April 1804, all unseated lands within this commonwealth are directed to be assessed for the purpose of raising county…
2Cited by3 opinions
- Sanner v. Unique Lodge No. 3, K. of P.Superior Court of Pennsylvania · 1943
- M'Cord v. BergautzSupreme Court of Pennsylvania · 1838
- James McBride in Error v. The Lessee of William HoeySupreme Court of the United States · 1837