Levick v. Brotherline
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Blair county: No. 56, to May Term 1873. This was an ejectment brought April 18th 1870, by John Brotherline against Carey Murdock, Richard Leviek and George L. Trask, for two tracts of land, one surveyed in the name of Timothy Leitis, and the other in the name of Aaron Bowen, adjoining the Timothy Lewis tract.
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Error to the Court of Common Pleas of Blair county: No. 56, to May Term 1873. This was an ejectment brought April 18th 1870, by John Brotherline against Carey Murdock, Richard Leviek and George L. Trask, for two tracts of land, one surveyed in the name of Timothy Leitis, and the other in the name of Aaron Bowen, adjoining the Timothy Lewis tract. The case was tried November 1st 1872, before Dean, P. J. The plaintiff gave in evidence warrants, February 5th 1793, to Lewis and Bowen respectively, and surveys, August 5th 1793. Patent to John Kunkle for the Lewis tract, January 29th 1795, and for…
1Opinion of the Court
The opinion of the court was delivered, March 2d 1874, by
Williams, J. —
If Ross was the owner of the Bell warrants, as the jury must have found, then, under the ruling of this court in Shearer v. Woodburn, 10 Barr 511, he had such a title as authorized him to redeem the land sold for the non-payment of the taxes assessed in their name. If his title was invalid as against that acquired under the prior warrants and surveys, his redemption of the lands enured to the true owner ; and it was not in his power to defeat or annul it by withdrawing the money paid the treasurer after the time allowed…
2Cited by4 opinions
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