Legal Opinion

Foust v. Ross

Supreme Court of Pennsylvania

Decided July 15, 1841PublishedCited by 12 opinions

ERROR to the Common Pleas of Luzerne county. William Ross against George Foust. Ejectment for a tract of land. The plaintiff, to maintain the issue on his part, gave the following evidence: 31st of August 1792, warrant to Mary Custard for 400 acres of land in Luzerne county. 27th June 1793, survey to Mary Custard for 401TV acres and allowance.

Read the full summary

ERROR to the Common Pleas of Luzerne county. William Ross against George Foust. Ejectment for a tract of land. The plaintiff, to maintain the issue on his part, gave the following evidence: 31st of August 1792, warrant to Mary Custard for 400 acres of land in Luzerne county. 27th June 1793, survey to Mary Custard for 401TV acres and allowance. The plaintiff then offered in evidence ■— 16th of March 1806, oath of Ambrose Tille, assessor of Nescopeck township, Luzerne county. 28th of September 1805, return of judges of election of Ambrose Tille, as assessor of said township. 21st of May 1806,…

1Opinion of the Court

*505The opinion of the Court was delivered by

Huston, J.

Previous to the Act of 1815, the courts in this state had decided, that in showing title to lands sold for taxes, the purchaser must at the trial show that every step directed by the Acts of Assembly for assessing, advertising, and selling lands not inhabited, and for which the owners had not paid the taxes, must be literally and strictly complied with. These requisites, thus called for, were so numerous, and the evidence that they had been complied with, was so various, and, none of it being on record, so liable to accident and destruction…

2Cases cited4 opinions

  1. Royer v. BenlowSupreme Court of Pennsylvania · 1823
  2. Foster v. M'DivitSupreme Court of Pennsylvania · 1840
  3. Read v. GoodyearSupreme Court of Pennsylvania · 1828
  4. M'Henry v. M'CallSupreme Court of Pennsylvania · 1840

3Cited by12 opinions

  1. Hoffman v. BellSupreme Court of Pennsylvania · 1869
  2. Bear Valley Coal Co. v. DewartSupreme Court of Pennsylvania · 1880
  3. Dougherty v. WelshansSupreme Court of Pennsylvania · 1911
  4. Wheeler v. WinnSupreme Court of Pennsylvania · 1866
  5. Bunting v. YoungSupreme Court of Pennsylvania · 1843

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API