Legal Opinion

Hastings v. Wagner

Supreme Court of Pennsylvania

Decided May 15, 1844PublishedCited by 5 opinions

ERROR to the Common Pleas of Centre county. Daniel and Mary Hastings against William Wagner. This was an action of ejectment for a tract of land.

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ERROR to the Common Pleas of Centre county. Daniel and Mary Hastings against William Wagner. This was an action of ejectment for a tract of land. The plaintiff gave in evidence a warrant of the 1st July 1784, to Thomas Denton; 20th April 1786, survey of 272 acres; 18th May 1786, patent to Thomas Denton; 9th April 1787, deed Thomas Denton to Matthew Clarkson and others, commissioners in bankruptcy; 19th May 1797, deed Matthew Clarkson and others to Robert Ralston; 8th September 1788, sale of Robert Ralston to A. G. Claypole; A. G. Claypole conveyed to James Thomson; 1st January 1800, deed…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The principle of Taylor v. Dougherty applies itself to the question for decision with conclusive force. A conveyance was presumed, in that case, from exclusive payment of taxes for thirty years by the presumptive grantee, without counterclaim or tender of the taxes by the presumptive grantor. True, the question had respect to the presumption of a conveyance from a warrantee to one who was supposed to have originally been the beneficial owner of the title; and it is also true that the practice of the land-office in granting warrants and…

2Cases cited5 opinions

  1. Nieman v. WardSupreme Court of Pennsylvania · 1841
  2. Naglee v. AlbrightSupreme Court of Pennsylvania · 1839
  3. Read v. GoodyearSupreme Court of Pennsylvania · 1828
  4. Orr v. CunninghamSupreme Court of Pennsylvania · 1842
  5. Kingston v. LesleySupreme Court of Pennsylvania · 1824

3Cited by5 opinions

  1. Townsend v. BoydSupreme Court of Pennsylvania · 1907
  2. Dougherty v. WelshansSupreme Court of Pennsylvania · 1911
  3. Glass v. GilbertSupreme Court of Pennsylvania · 1868
  4. Brown v. DaySupreme Court of Pennsylvania · 1875
  5. Donegal Township School District v. CrosbySuperior Court of Pennsylvania · 1955

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