Cuttle v. Brockway
Supreme Court of Pennsylvania
ERROR, to the Common Pleas óf MIp county. - ' . ’ This was an a'ction of ejectment by John L. Cuttle v. Cbauneey Broekway, brought to October Term, 1853, for 300 acres of lapd In Jay township, Elk county, being part of a tract. No.' 4185, warranted in the name of Lames Wilson. The 300 acres was a subdivision of th'e tract, and was marked by boundary lines.
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ERROR, to the Common Pleas óf MIp county. - ' . ’ This was an a'ction of ejectment by John L. Cuttle v. Cbauneey Broekway, brought to October Term, 1853, for 300 acres of lapd In Jay township, Elk county, being part of a tract. No.' 4185, warranted in the name of Lames Wilson. The 300 acres was a subdivision of th'e tract, and was marked by boundary lines. The plaintiff claimed by title under the warrantee, by deed dated 17th July, 1851. The defendant claimed under a treasurer’s deed, dated 20th September, 1848, made in pursuance of a sale for taxes of 1846. The defendant was an acting…
1Opinion of the Court
*147The opinion of the Court was'delivered by
Black, C. J.
This was ejectment for land which the defendant bought at a treasurer’s sale for taxes. The plaintiff argued below and here that he ought to recover because the defendant was county commissioner at the time he purchased, and because-he gave no proof on the trial that he had filed a bond for the. surplus of purchase-money over taxes and costs. . -
A commissioner has no right to take a deed in his own name for a tract.of unseatéd land sold .by the treasurer at a price less than the amount of taxes and costs charged against it. Probably such a…
2Cases cited1 opinion
- Connelly v. NedrowSupreme Court of Pennsylvania · 1837
3Cited by8 opinions
- Beacom v. Robison Et Ux.Superior Court of Pennsylvania · 1945
- Moeller v. Washington CountySupreme Court of Pennsylvania · 1945
- Carns v. MatthewsSuperior Court of Pennsylvania · 1934
- Glass v. SegerSupreme Court of Pennsylvania · 1919
- McClements v. DowneySuperior Court of Pennsylvania · 1896
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