Kountz v. National Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 51, Oct. T., 1900, by plaintiff, from judgment of C. P. Venango Co., Nov. T., 1898, No. 78, on verdict for defendant in case of W. J. Kountz, trustee for the persons named in the last will of P. W. Kountz, v. National Transit Company. Ejectment for a lot of land in Oil City. Before Criswell, P. J. At the trial it appeared that the defendant was in possession under a color of title by reason of certain tax deeds.
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Appeal, No. 51, Oct. T., 1900, by plaintiff, from judgment of C. P. Venango Co., Nov. T., 1898, No. 78, on verdict for defendant in case of W. J. Kountz, trustee for the persons named in the last will of P. W. Kountz, v. National Transit Company. Ejectment for a lot of land in Oil City. Before Criswell, P. J. At the trial it appeared that the defendant was in possession under a color of title by reason of certain tax deeds. It was not disputed that prior to December 29, 1866, title was in W. H. Adams, who on that day conveyed the lots to J. R. Patterson & Company in fee simple. The deed did…
1Opinion of the Court
Per Curiam,
Defendant was in possession under color of title. Whether its title under the tax deeds was good or not is not material until plaintiff has shown at least a prima facie title in himself. This he failed to do. He claims under a sale on execution against J. R. Patterson & Company in 1886, on a judgment founded on a note made in 1881. It is admitted that title to the land was in J. R. Patterson & Company in 1866, but defendant gave uncontradicted evidence that the Patterson who as individual or as one of a firm owned the land in 1866, died in 1868. The judgment on which plaintiff’s…
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