Holloway v. Jones
Supreme Court of Pennsylvania
No. 387 January Term 1891, Sup. Ct.; court below, No. 488 October Term 1888, C. P. On August 11, 1888, Byron Holloway, as trustee for A. B. and A. L. Davenport, brought ejectment against John Jones, M. Bergan, Wm. H. Cornell and Henry Cornell, to recover a tract of land in the township of Plymouth, containing three hundred and fourteen acres more or less, being a part of a tract in the warrantee name of Phineas Bradley. Issue.
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No. 387 January Term 1891, Sup. Ct.; court below, No. 488 October Term 1888, C. P. On August 11, 1888, Byron Holloway, as trustee for A. B. and A. L. Davenport, brought ejectment against John Jones, M. Bergan, Wm. H. Cornell and Henry Cornell, to recover a tract of land in the township of Plymouth, containing three hundred and fourteen acres more or less, being a part of a tract in the warrantee name of Phineas Bradley. Issue. At the trial on February 13, 1891, it was made to appear that in the spring of 1880, A. L. and A. B. Davenport, brothers, bought and took possession of 200 acres of the…
1Opinion of the Court
Opinion,
Mr. Justice Green:
In the case of Hathaway v. Elsbree, 54 Pa. 498, followed by Preswick v. McGrew, 107 Pa. 48, we decided that a sale of land for taxes under the forty-first section of the act of April 29, 1844, as seated, which in point of fact was unseated, was a void sale, and passed no title to the purchaser. In the present case the plaintiff’s own testimony has established that the tract of land in controversy was sold as seated, and that at the time of the sale it was in fact unseated. As there was no conflicting testimony, the learned court below instructed the jury that the…
2Cases cited2 opinions
- Hathaway v. ElsbreeSupreme Court of Pennsylvania · 1867
- Bell v. CaldwellSupreme Court of Pennsylvania · 1884
3Cited by3 opinions
- Scott v. BellSupreme Court of Pennsylvania · 1942
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Pittsburg Hunting Club v. SnyderSuperior Court of Pennsylvania · 1912