Baird v. Cahoon
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Luzerne county. This was an action of ejectment for 200 acres of land by Thomas Baird against Anning C. Cahoon and Henry Pettibone. The plaintiff claiming under Samuel Baird, and having given in evidence a perfect title to the land, the defendant gave in evidence a regular assessment of it as 408 acres of unseated land in Washington township, for the taxes of 1833 amounting to two dollars, and a sale of it on the 10th June 1834 to the defendants.
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ERROR to the Common Pleas of Luzerne county. This was an action of ejectment for 200 acres of land by Thomas Baird against Anning C. Cahoon and Henry Pettibone. The plaintiff claiming under Samuel Baird, and having given in evidence a perfect title to the land, the defendant gave in evidence a regular assessment of it as 408 acres of unseated land in Washington township, for the taxes of 1833 amounting to two dollars, and a sale of it on the 10th June 1834 to the defendants. The original tract did not contain 408 acres. To rebut the effect of this sale, the plaintiff called George W.…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
We are of opinion, that the court below erred in charging the jury, that it was immaterial whether the nonpayment of the taxes was owing to the neglect of the agent, or of the treasurer, or both, as we think the determination of the case must depend upon that question. The officer has duties to perform as well as the owner, when the latter comes to him to pay up the taxes on his unseated lands. Various acts or omissions of the officer may occur, constituting such neglect on his part, that the owner ought not to suffer by it, which cannot be…
2Cited by9 opinions
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- Breisch v. CoxeSupreme Court of Pennsylvania · 1876
- Gould v. SullivanWisconsin Supreme Court · 1893
- Price v. MottSupreme Court of Pennsylvania · 1866
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