Breisch v. Coxe
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: Of January Term 1876, No. 49. This was an action of ejectment for a tract of land in North Union township, containing 400 acres and allowance surveyed on a warrant to Matthew Smith granted June 13th 1793, adjoining John Dunlap, Robert Robe, John Davidson, Thomas Rees and George Langs.
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Error to the Court of Common Pleas of Schuylkill county: Of January Term 1876, No. 49. This was an action of ejectment for a tract of land in North Union township, containing 400 acres and allowance surveyed on a warrant to Matthew Smith granted June 13th 1793, adjoining John Dunlap, Robert Robe, John Davidson, Thomas Rees and George Langs. The writ was issued June 9th 1870 at the suit of Charles S. Coxe, Franklin Coxe and Tench 0. Coxe, against Jacob Breisch, William Michael, Stephen Michael, Benjamin Bitter, Henry Lebo and Cornelius Wagner. On the 21st of October 1875, Charlemagne Tower was…
1Opinion of the CourtChief Justice Agnew
The first and important question in this case is, whether an offer to the county treasurer, of payment of all the taxes due upon unseated lands, and a payment by the owner, of all sums made known to him by the treasurer, is equivalent to an actual payment of the whole, and will prevent a valid sale of the land for an unpaid balance not made known by the treasurer ? It is undisputed that the sale is void if there be actual pre-payment of the tax. The 4th section of the Act of 13th March 1815, 6 Sm. Laws 301, is expressly on this point, and the right is recognised in many cases : Dougherty v.…
2Cases cited7 opinions
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3Cited by21 opinions
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