Harbeson v. Jack
Supreme Court of Pennsylvania
ERROR to Indiana county. Tliis was an action of ejectment by the executors of William Jack against Robert Harbeson and George Bearinger to recover a tract of land upon the following facts and circumstances. A warrant of 3d of March 1774 issued to Mary Graham for two hundred acres, on which a survey of two hundred and eighty-one acres was made and returned.
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ERROR to Indiana county. Tliis was an action of ejectment by the executors of William Jack against Robert Harbeson and George Bearinger to recover a tract of land upon the following facts and circumstances. A warrant of 3d of March 1774 issued to Mary Graham for two hundred acres, on which a survey of two hundred and eighty-one acres was made and returned. On the 14th of June 1787, the commissioners of Westmoreland county, of whom William Jack was one, sold and conveyed the land to Benjamin Neely for 18 shillings and 2 pence, taxes due for the same as unseated. On the 20th of September 1787,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
In Stokely v. Boner, 10 Serg. Rawle 254, it was determined, that untenanted land from which profits have not been drawn, may be taxed as unseated ; but that where profits continue to be drawn, the public must look to the person of the owner. It was doubted, however, whether the owner may not abandon the possession and the land together, and thus exonerate himself from personal liability. If he could not, his case would be a' hard one ; for such a liability might descend on him without his consent, and without a correspondent benefit from…
2Cases cited1 opinion
- Burd v. RamsaySupreme Court of Pennsylvania · 1822
3Cited by5 opinions
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- Burford v. McCueSupreme Court of Pennsylvania · 1867
- Wilson v. WattersonSupreme Court of Pennsylvania · 1846
- McKibbin v. CharltonSupreme Court of Pennsylvania · 1850