Wilmoth v. Canfield
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county: Of May Term 1874, No. 90. This was an action of trespass quarc clausum fregit, commenced January 8th 1872, by E. C. Thomas and Ira Canfield against Alfred Wilmoth. The plaintiffs were trustees of the Southampton Association, the beneficial owners of the land. Thomas, one of the plaintiffs, having died, his death was suggested on the record, and the case went to trial in the name of Canfield alone.
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Error to the Court of Common Pleas of Somerset county: Of May Term 1874, No. 90. This was an action of trespass quarc clausum fregit, commenced January 8th 1872, by E. C. Thomas and Ira Canfield against Alfred Wilmoth. The plaintiffs were trustees of the Southampton Association, the beneficial owners of the land. Thomas, one of the plaintiffs, having died, his death was suggested on the record, and the case went to trial in the name of Canfield alone. The case was tried September 16th 1878, before Hall, P. J. The alleged trespass was committed on two tracts of land designated in the trial as…
1Opinion of the Court
Judgment was entered in the Supreme Court, May 18th 1874.
2Per curiam
The charge of the court as to the tax-title was so clearly right no comment is necessary. The payment of the taxes was a question of fact fairly left to the jury. The taxes being paid, for which the land was sold, the tax-title necessarily fell.
We have some hesitation as to the omission of the court to *154charge on the defendant’s second point. It would have heen better had the court answered it specially, so as to define distinctly to the jury what constitutes possession and ouster. Still we are not able to say that the general charge was…
3Cited by4 opinions
- Simpson v. Golden Resorts, LLLPSupreme Court of The Virgin Islands · 2012
- Humes v. KramerSupreme Court of Pennsylvania · 1926
- McCormick v. BerkeySupreme Court of Pennsylvania · 1913
- Mostoller v. Pile, Pennsylvania Court of Common Pleas, Somerset County1977