Legal Opinion

Donnel v. Bellas

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 6 opinions

Error to the Common Pleas of Northumberland county. This was an ejectment by Henry Donnel and others against Hugh Bellas, for a tract of 306 acres of land in Coal township, surveyed on a warrant to William Green. The case was before this court on a former ejectment between the same parties, and is reported in 10 Barr 341, and 1 Jones 341. The plaintiffs claimed title under a treasurer’s sale of the land for taxes.

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Error to the Common Pleas of Northumberland county. This was an ejectment by Henry Donnel and others against Hugh Bellas, for a tract of 306 acres of land in Coal township, surveyed on a warrant to William Green. The case was before this court on a former ejectment between the same parties, and is reported in 10 Barr 341, and 1 Jones 341. The plaintiffs claimed title under a treasurer’s sale of the land for taxes. On the 16th June 1824, Edward Staples, under whom the plaintiffs claimed title, purchased fifteen tracts of land, including the premises in question, at a treasurer’s sale, paid…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

It was Witman’s duty, as owner of the “William Green tract,” to pay the taxes.upon it, but his failure to do so could work a divesture of title only by means of a treasurer’s sale. Was there a treasurer’s sale ? What constitutes Such a sale ?

Under the Acts of Assembly relative to the sale of unseated lands for taxes, the treasurer is to advertise the lands — to expose them to sale by'public outcry — to receive, “as soon as the property is struck down,” as much of the purchase-money as will discharge the taxes and costs — to make a deed — to…

2Cited by6 opinions

  1. Douglass v. Grace Bldg. Co., Inc.Supreme Court of Pennsylvania · 1978
  2. Trexler v. AfricaSuperior Court of Pennsylvania · 1905
  3. Nutting v. LynnSuperior Court of Pennsylvania · 1901
  4. Douglass v. Grace Building Co.Commonwealth Court of Pennsylvania · 1975
  5. Douglass v. Grace Bldg. Co., Inc.Supreme Court of Pennsylvania · 1978

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