Legal Opinion

Rosenburger v. Schull

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 10 opinions

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

  1. Fisk v. SarberSupreme Court of Pennsylvania · 1843
  2. Stoetzel v. JacksonSupreme Court of Pennsylvania · 1884
  3. Scott v. BellSupreme Court of Pennsylvania · 1942
  4. Foster v. M'DivitSupreme Court of Pennsylvania · 1840
  5. Northumberland County v. Philadelphia & Reading Coal & Iron Co.Court of Appeals for the Third Circuit · 1942

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