Birch v. Fisher

The opinion of the court, which states the whole case and the contents of the bills of exceptions, was delivered by

Gibson, J.

In ejectments by the purchasers of unseated lands, sold for taxes under the act of the 3d of April, 1804, the courts have uniformly required proof, according to the common law rules of evidence, that every thing had been done which that act requires, to divest the title of the owner. Although, in the absence of legislative provision, this was inevitable, it produced great hardship and inconvenience. Irregularity in matters of form, crept into the proceedings of the…