Legal Opinion

Schreiber v. Moynihan

Supreme Court of Pennsylvania

Decided January 7, 1901No. Appeal, No. 3PublishedCited by 5 opinions

Appeal, No. 3, Oct. T., 1900, by defendant, from judgment of C. P. Venango Co., Jan. T., 1898, No. 26, on verdict for plaintiff, in case of Peter Schreiber v. Andrew Moynihan. Ejectment for land in Cornplanter township.

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Appeal, No. 3, Oct. T., 1900, by defendant, from judgment of C. P. Venango Co., Jan. T., 1898, No. 26, on verdict for plaintiff, in case of Peter Schreiber v. Andrew Moynihan. Ejectment for land in Cornplanter township. Before Criswell, P. J. At the trial it appeared that the plaintiff, Peter Schrieber, leased the land in controversy from David Thompson, who claimed it under tax sales made in 1888 and 1890. Defendant claimed the land by purchase from the county in 1889. The county purchased the land at a tax sale in 1884. Plaintiff claimed that the county had abandoned its purchase by failing…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The land for which ejectment was brought was sold for taxes in 1884, purchased by the county, and sold by the com*581missioners to the defendant in 1889. After the purchase by the county in 1884, the land was not charged by the commissioners with county and road taxes as provided by section 5 of the act of March 13, 1815; but it was assessed as before, and taxes were levied from year to year. It was sold for taxes in 1888 and again in 1890. Under these sales the plaintiff claims title.

The assessment of the land after the sale in 1884, and its sale in 1888 and 1890 for…

2Cases cited4 opinions

  1. Diamond Coal Co. v. FisherSupreme Court of Pennsylvania · 1852
  2. Woodside v. WilsonSupreme Court of Pennsylvania · 1858
  3. Hunter v. AlbrightSupreme Court of Pennsylvania · 1843
  4. Cobb v. BarclaySuperior Court of Pennsylvania · 1899

3Cited by5 opinions

  1. Albert v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1968
  2. Feltz v. Natalie Anthracite Coal Co.Supreme Court of Pennsylvania · 1902
  3. Berger v. Multnomah CountyOregon Supreme Court · 1904
  4. ALBERT v. LEHIGH C. & N. CO.Supreme Court of Pennsylvania · 1968
  5. Gretok Petition, Pennsylvania Court of Common Pleas, Cambria County1969

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