Berg v. Shipley
Supreme Court of Pennsylvania
E'rror. to the Court of Common Pleas of Fayette county. Uriah Springer purchased the land in controversy, at commissioner’s sale for taxes, in the county of Fayette, made in June, 1832. It was called the William Arr tract. Mr. Springer transferred this tract to James Piper, Esq., for ¡¡>8.65, by assignment, on the back of the commissioner’s deed.
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E'rror. to the Court of Common Pleas of Fayette county. Uriah Springer purchased the land in controversy, at commissioner’s sale for taxes, in the county of Fayette, made in June, 1832. It was called the William Arr tract. Mr. Springer transferred this tract to James Piper, Esq., for ¡¡>8.65, by assignment, on the back of the commissioner’s deed. On the 12th day of 'March, 1885, Mr. Piper obtained a patent for this tract, and by deed, dated 25th of April, 1837, sold it to David Berg, Jr., the defendant below, which was recorded the 5th of June, 1838. Mr. Berg went into the possession of the…
1Opinion of the Court
The opinion of the court was delivered
by Woodward, J.
— If the court were right in ruling the case in *430favor of the plaintiff upon the paper title, the bill of exception to Wilson’s testimony loses all of its importance, and need not be considered.
What then was the case on the papers ? A grantor made two deeds to two different parties for the same land, under the eldest, or first of which the defendants below claimed, and under the last of which, plaintiff claimed. The first deed would have conferred the best right if it had been recorded within six months from its delivery, but it was never…
2Cases cited2 opinions
- Poth v. AnstattSupreme Court of Pennsylvania · 1842
- Ebner v. GoundieSupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- Fries v. NullSupreme Court of Pennsylvania · 1893