Steiner v. Coxe
Supreme Court of Pennsylvania
In error from the Common Pleas of Luzerne county. July 8. This was an ejectment for part of a tract of land, for which a warrant had been granted to William Milligan, tried at a special court, before Kidder, P. J. The main question was the validity of a private sale and conveyance by the county commissioners to the trustee of the original owner, after the expiration of five years from a tax sale, at which they had bought in the hands for the county.
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In error from the Common Pleas of Luzerne county. July 8. This was an ejectment for part of a tract of land, for which a warrant had been granted to William Milligan, tried at a special court, before Kidder, P. J. The main question was the validity of a private sale and conveyance by the county commissioners to the trustee of the original owner, after the expiration of five years from a tax sale, at which they had bought in the hands for the county. The warrant was granted in 1793, and the first question was on the admission in evidence of a deed-poll from the warrantee in 1794, the…
1Opinion of the CourtGibson, C. J.
The exceptions to the deeds poll, that the proof of their execution was ex parte, have been properly abandoned. Affidavits of subscribing witnesses, preparatory to recording, have always been received as prima facie, whether the instrument were actually recorded or not.
The exception to the plaintiff’s conveyance from the commissioners of Luzerne county is unfounded. The question involved *25by it, is whether the statutes of 1815 and 1824 are susceptible of an interpretation to support titles to lands which have been redeemed after the five years, in pursuance of a practice which has prevailed to…
2Cases cited1 opinion
- Lessee of Harris v. MonksSupreme Court of Pennsylvania · 1815
3Cited by10 opinions
- AMIDON v. KaneSupreme Court of Pennsylvania · 1971
- Reeves's AppealSuperior Court of Pennsylvania · 1907
- AMIDON v. KaneSupreme Court of Pennsylvania · 1971
- Adams County v. Carey, Pennsylvania Court of Common Pleas, Adams County1954
- Cambria County Commissioners' Petition, Pennsylvania Court of Common Pleas, Cambria County1944
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