Parker v. Luffborough
Supreme Court of Pennsylvania
Ejectment in the Court of Common Pleas of--county, by Nathan Luffborough, plaintiff below, against William Parker and Joseph Jenkins. The plaintiff deduced title to himself from the commonwealth.
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Ejectment in the Court of Common Pleas of--county, by Nathan Luffborough, plaintiff below, against William Parker and Joseph Jenkins. The plaintiff deduced title to himself from the commonwealth. The defendants gave in evidence a deed to him from the sheriff under a sale for taxes, and proved by the clerk of the county commissioners, that after diligent search, no return of the election of an assessor for the township on which the land lay, for the year 1807,' could be found, and then read in evidence from the minute book of the commissioners, in which was contained the list of assesors…
1Opinion of the Court
*250The opinion of the Court, (Tilghman, C. J. being absent,) was delivered by,
Gibson, J.
By the bill of exceptions it appears, the only objection to the competency of the assessment was, that it did not appear by sufficient evidence, that the assessor had been sworn. I am not going to wade through the learning of the competency of acts of an officer defacto, as the cause does not require'it, and as all the cases will necessarily have to be examined in a cause of much more importance, now under advisement; but I will-take occasion to say here, that 1 have not the least doubt, that as respects…
2Cases cited1 opinion
- Commonwealth v. BlaineSupreme Court of Pennsylvania · 1811
3Cited by2 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Board of Auditors v. BenoitMichigan Supreme Court · 1870