Negley v. Breading
Supreme Court of Pennsylvania
Error, to the District Court of Allegheny county. This was an ejectment by Alexander Negley, against James E. Breading, for a town lot in the first ward of the city of Allegheny, situate on Craig and Canal streets. The plaintiff claimed title under a treasurer’s sale of the lot, as unseated, for the taxes of 1852 and 1853. It was sold on the 13th June 1854, to Henry Sproul for $25, who conveyed his interest therein to the plaintiff.
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Error, to the District Court of Allegheny county. This was an ejectment by Alexander Negley, against James E. Breading, for a town lot in the first ward of the city of Allegheny, situate on Craig and Canal streets. The plaintiff claimed title under a treasurer’s sale of the lot, as unseated, for the taxes of 1852 and 1853. It was sold on the 13th June 1854, to Henry Sproul for $25, who conveyed his interest therein to the plaintiff. The defendant showed title in B. Patterson, and proved that it had been assessed to him in 1852 and 1853, and that Mr. Patterson was abundantly able to pay the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J. —
It was said by Chief Justice Gibson in Harbeson v. Jack, 2 Watts 125, that the provision for selling unseated lands for taxes, was mainly intended for those that were suffered to remain in their natural state; and it is sufficient to extend it to those that have been suffered to fall back to it-; and this remark is well sustained by the history of the tax laws, and by the section requiring county surveyors to make returns of wild lands.
In the same case he says, that the owner may abandon the possession of land so as to exonerate himself…
2Cases cited2 opinions
- Owens v. VanhookSupreme Court of Pennsylvania · 1834
- Smith v. M'GrewSupreme Court of Pennsylvania · 1842