Legal Opinion

M'Cord v. Bergautz

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 3 opinions

ERROR to the common pleas of Mercer county. Robert M’Cord against Peter Bergautz. This ejectment was brought by the plaintiff to recover the possession of two hundred and twenty-five acres of land. The defendants have taken a special defence for one hundred acres of land as surveyed and run off on the northeast corner.

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ERROR to the common pleas of Mercer county. Robert M’Cord against Peter Bergautz. This ejectment was brought by the plaintiff to recover the possession of two hundred and twenty-five acres of land. The defendants have taken a special defence for one hundred acres of land as surveyed and run off on the northeast corner. It is a contest between a purchaser at treasurer’s sale, and a purchaser from the county commissioners, who, as authorized and required by the act of assembly, had purchased at a sale made by the county treasurer for arrears of taxes. The plaintiff gave in evidence the…

1Opinion of the Court

*489The opinion of the Court was delivered by

Huston, J.

The plaintiff here was plaintiff below. I shall refer to the statement of the case for the facts. The questions arising on the record are said to be of the first- impression, but perhaps are not entirely so.

A great portion of the land north and west, of the Ohio and Alleghany is occupied by persons who, by contracts with the holders of the warrants, are to become owners of a portion of each warranted tract, in consideration of their having made and completed the actual settlement required by the act of 1792 or its supplements, or by those who…

2Cases cited3 opinions

  1. Coxe v. BlandenSupreme Court of Pennsylvania · 1833
  2. Stewart v. ShoenfeltSupreme Court of Pennsylvania · 1825
  3. M'Bride v. HoeySupreme Court of Pennsylvania · 1834

3Cited by3 opinions

  1. Tryon v. MunsonSupreme Court of Pennsylvania · 1875
  2. Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
  3. Dietrick & Wilson v. MasonSupreme Court of Pennsylvania · 1868

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