Hathaway v. Elsbree
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county. This was an action of ejectment, commenced April 26th 1864, by Nathan C. Elsbree against Charles R. Barton and Oliver Adams, for 1400 acres of land in Wells and South Creek townships. The court afterwards directed the names of Calvin Hathaway and others, heirs of Samuel G. Hathaway, deceased, to be placed on the record as defendants.
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Error to the Court of Common Pleas of Bradford county. This was an action of ejectment, commenced April 26th 1864, by Nathan C. Elsbree against Charles R. Barton and Oliver Adams, for 1400 acres of land in Wells and South Creek townships. The court afterwards directed the names of Calvin Hathaway and others, heirs of Samuel G. Hathaway, deceased, to be placed on the record as defendants. The title to the land in question being in Jesse Lane and Joshua Simmons, they, on the 19th of December 1850, conveyed it to George Dunham, who, on the 12th of-February, conveyed an undivided half of the…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The plaintiff below claimed the lands in controversy by virtue of a sale for taxes under the 41st section of the Act of 29th April 1844. Previously to the passage of this act, it is well known that property on which there was either residence or cultivation, or both, was not the subject of a sale for taxes. The provisions of the section are new, and up to this time but few sales have been had under it. We must regard the act as sui generis to some extent at least, a distinct system, operating *503on a different class of property from the Act…
2Cases cited1 opinion
- Larimer v. M'CallSupreme Court of Pennsylvania · 1842
3Cited by6 opinions
- Proctor v. Sagamore Big Game ClubDistrict Court, W.D. Pennsylvania · 1958
- Scott v. BellSupreme Court of Pennsylvania · 1942
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Weaver v. Meadville Lumber Manufacturing Co.Superior Court of Pennsylvania · 1915
- Pittsburg Hunting Club v. SnyderSuperior Court of Pennsylvania · 1912
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