Rosenburger v. Schull
Supreme Court of Pennsylvania
ERROR to the common pleas of Armstrong county. Daniel Rosenburger against Jacob Schull. Ejectment for a tract of land. The plaintiff gave in evidence and relied upon a treasurer’s sale of the land in dispute for taxes of 1812 as unseated, and showed that title to be regularly vested in him. The defendant gave in evidence a regular chain of title from the commonwealth to himself, and to avoid the effect of the plaintiff’s title proved as follows : Peter Shaffer, sworn.
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ERROR to the common pleas of Armstrong county. Daniel Rosenburger against Jacob Schull. Ejectment for a tract of land. The plaintiff gave in evidence and relied upon a treasurer’s sale of the land in dispute for taxes of 1812 as unseated, and showed that title to be regularly vested in him. The defendant gave in evidence a regular chain of title from the commonwealth to himself, and to avoid the effect of the plaintiff’s title proved as follows : Peter Shaffer, sworn. “ I cleared a little field, about two acres, on this place in 1808 or 1809 ; I had fenced and raised grain the first year, and…
1Per curiam
The law of the case seems to have been already settled. Was there a substantial occupancy which might have presented itself to the eye of the assessor, is a question that was sufficiently raised and fairly put to the jury. The assessor had nothing to do with the misapprehension or mistakes of the occupant; it was *394sufficient that there was a personal responsibility for the taxes in order to make it his duty to assess the land as seated. There was in fact an acre and a half in actual tillage, a nucleus sufficient, when accompanied by residence or vacant land, to constitute a title by…
2Cited by10 opinions
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Stoetzel v. JacksonSupreme Court of Pennsylvania · 1884
- Scott v. BellSupreme Court of Pennsylvania · 1942
- Foster v. M'DivitSupreme Court of Pennsylvania · 1840
- Northumberland County v. Philadelphia & Reading Coal & Iron Co.Court of Appeals for the Third Circuit · 1942
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