Arthurs v. Smathers
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an action of ejectment brought by R. Arthurs against C. Smathers, to recover a tract of land containing about eighty acres, in Pine Creek township. It was admitted that the title was out of the Commonwealth and in John Heath. Eor some time previous to 1845 the land had been assessed in the unseated list as of seventy-five acres.
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Error to the Common Pleas of Jefferson county. This was an action of ejectment brought by R. Arthurs against C. Smathers, to recover a tract of land containing about eighty acres, in Pine Creek township. It was admitted that the title was out of the Commonwealth and in John Heath. Eor some time previous to 1845 the land had been assessed in the unseated list as of seventy-five acres. In 1845 it was assessed in the seated list, and sold by the treasurer, June 12th 1848, to A. Arthurs, under the 41st section of the Act of April 29th 1844, and a deed duly acknowledged and delivered to him. Eor…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— The first three assignments of error, nominally but two in fact, relate to the same thing: the notice required to be given to the owner of seated lands sold for taxes under the provisions of the Act of 29th April 1844: Dig. 791. It is there provided that “ the owner or owners of all such lands shall have the right to redeem them at any time within one year after receiving actual notice from the treasurer of the county where such lands lie, that they have been sold,” &c.
The supposed materiality of the testimony of John Heath, which was…
2Cited by1 opinion
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