Milliken v. Benedict
Supreme Court of Pennsylvania
In error from the Common Pleas of Huntingdon county. May 23. This was an action of ejectment brought by Aden W. Benedict against David Milliken, for a tract of land situated in Barree township, Huntingdon county, containing/ow hundred acres. At the trial, Samuel Milliken, the landlord, was admitted to defend.
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In error from the Common Pleas of Huntingdon county. May 23. This was an action of ejectment brought by Aden W. Benedict against David Milliken, for a tract of land situated in Barree township, Huntingdon county, containing/ow hundred acres. At the trial, Samuel Milliken, the landlord, was admitted to defend. The case, as it appeared from the paper-book, and as stated by •Judge Wilson, in his charge to the jury, was substantially as follows:— The plaintiff below, Aden W. Benedict, who is the defendant in error, claimed title under a warrant to one George Hill, dated 21st of January, 1794, and…
1Opinion of the CourtRogers, J.
This is an action of ejectment, in which the plaintiff claims title under a warrant to George Hill — a sale for taxes assessed in his name, in the years 1839 and 1840, and a treasurer’s deed, dated the 23d July, 1841; together with a surplus bond, executed and delivered within two years after the sale. This vests in the plaintiff a primd facie title; but the defendant contends the plaintiff’s title is void, because, at the time of the assessment of the taxes on which the land was sold, and the treasurer’s sale, the property in controversy was a seated tract. That a sale of land by a treasurer…
2Cases cited5 opinions
- Harper v. Farmers' & Mechanics' BankSupreme Court of Pennsylvania · 1844
- Larimer v. M'CallSupreme Court of Pennsylvania · 1842
- Cranmer v. HallSupreme Court of Pennsylvania · 1842
- M'Kee v. LambertonSupreme Court of Pennsylvania · 1841
- Wallace v. ScottSupreme Court of Pennsylvania · 1844
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- Northumberland County v. Philadelphia & Reading Coal & Iron Co.Court of Appeals for the Third Circuit · 1942