Sheaffer v. M'Kabe
Supreme Court of Pennsylvania
APPEAL from the circuit court of Lycoming county. This was an action of ejectment, by Samuel Sheaffer against John M’Kabe and Thomas M’Kabe. The plaintiff claimed title under a treasurer’s sale of the land for taxes. The defendant, who claimed under the title of the warrantee, resisted the plaintiff’s recovery, on the ground that the land was not unseated, but that it had been cleared and cultivated.
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APPEAL from the circuit court of Lycoming county. This was an action of ejectment, by Samuel Sheaffer against John M’Kabe and Thomas M’Kabe. The plaintiff claimed title under a treasurer’s sale of the land for taxes. The defendant, who claimed under the title of the warrantee, resisted the plaintiff’s recovery, on the ground that the land was not unseated, but that it had been cleared and cultivated. The fact appeared to be, that the owner of the adjoining land had cleared several acres over his line on the land in dispute, had farmed it, by raising grain upon it, and had made a verbal…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is setlled that cultivation without residence gives character and denomination for the purposes of assessment.; nor is it material in a question of denomination that the cultivator is an intruder. With the actual owner the assessor has nothing to do, it being sufficient for his purpose that there is an occupant personally responsible for the public charge. The limitation to this is, that an occupancy of the same spot shall not subject him to a double charge, as was determined in Campbell v. Wilson, at the last term at this place, 1…
2Cases cited1 opinion
- Campbell v. WilsonSupreme Court of Pennsylvania · 1833
3Cited by13 opinions
- Pennsylvania Co. v. BergsonSupreme Court of Pennsylvania · 1932
- Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
- Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
- Kennedy v. DailySupreme Court of Pennsylvania · 1837
- Stoetzel v. JacksonSupreme Court of Pennsylvania · 1884
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