Legal Opinion

Miller v. Hale

Supreme Court of Pennsylvania

Decided July 1, 1856PublishedCited by 12 opinions

Error to the Common Pleas of Juniata county. This was an action of ejectment brought by Reuben C. Hale, Esq., against William Miller, to recover a tract of land containing 403 acres and 27 perches, surveyed on the 3d June, 1794, on a warrant to Philip Darr, dated 10th August, 1794. The plaintiff claimed under a treasurer’s sale to himself, made on the 11th June, 1838, for taxes assessed upon the land before Juniata was set off from Mifflin county.

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Error to the Common Pleas of Juniata county. This was an action of ejectment brought by Reuben C. Hale, Esq., against William Miller, to recover a tract of land containing 403 acres and 27 perches, surveyed on the 3d June, 1794, on a warrant to Philip Darr, dated 10th August, 1794. The plaintiff claimed under a treasurer’s sale to himself, made on the 11th June, 1838, for taxes assessed upon the land before Juniata was set off from Mifflin county. The defendant claimed under a treasurer’s sale in Juniata county, made on the same day to Charles Singmaster for taxes assessed in Juniata county.…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

Two tax sales were made of the land in controversy on the same day, one by the treasurer of Mifflin county, the other by the treasurer of Juniata county; and the general question on the trial was, which of them conferred the best title. The plaintiff claims under the Mifflin county sale, the defendant under that in Juniata. The opinion of the court below was with the plaintiff, and to their ruling several errors are assigned, which I proceed to notice in the order in which they stand upon the record.

1. There was no error in admitting the…

2Cases cited1 opinion

  1. Devling v. WilliamsonSupreme Court of Pennsylvania · 1840

3Cited by12 opinions

  1. Scranton v. O'Malley Manufacturing Co.Supreme Court of Pennsylvania · 1941
  2. Commonwealth v. Southern Pennsylvania Bus Co.Supreme Court of Pennsylvania · 1940
  3. Silliman v. William Whitmer & SonsSuperior Court of Pennsylvania · 1899
  4. McClements v. DowneySuperior Court of Pennsylvania · 1896
  5. Everhart v. NesbittSupreme Court of Pennsylvania · 1897

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