Hockenbury v. Carlisle
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Juniata county. Samuel Carlisle against Herman Hockenbury, David W. Huling and others. Ejectment for a tract of land. The original title to the land in dispute was in Benjamin Say, and both parties claimed under him.
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ERROR to the Common Pleas of Juniata county. Samuel Carlisle against Herman Hockenbury, David W. Huling and others. Ejectment for a tract of land. The original title to the land in dispute was in Benjamin Say, and both parties claimed under him. The plaintiff claimed by virtue of a sale for taxes made in 1811 under the Act of 1804; and to support this title he offered in evidence the proceedings by which the land was assessed, taxed and sold in the name of Benjamin Say, to be followed by proof that the plaintiff went into possession under his purchase in 1811, and continued it until 1821,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The rule in Galbraith v. Elder is, that a counsel who has been consulted about a title shall not set up a title in opposition to it; and is not the case of the defendants within it ? It is not disputed that the title in contest was at first in Dr Say; but the parties claim it adversely through different channels. The plaintiff claims it by a tax sale; subsequently to which he leased the land to a tenant, who, becoming refractory, was reduced to submission by an ejectment conducted by Mr Huling in opposition to the title of Dr Say, who was…
2Cases cited1 opinion
- Fager v. CampbellSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Chalupiak v. StahlmanSupreme Court of Pennsylvania · 1951
- Johnson v. OutlawMississippi Supreme Court · 1879
- Chalupiak v. StahlmanSupreme Court of Pennsylvania · 1951