Lessee of Blair v. Caldwell
Supreme Court of Pennsylvania
Ejectment for one messuage and 227 acres in Derry township. The plaintiff claimed under a warrant dated 1st December 1788, and a survey thereon made 15th April 1789. The defendant held under a deed, made by John Kirkpatrick, Barlet Laffer and Jacob Smith, commissioners of the county, dated 21st September 1796, reciting that the lands in question were unseated by Andrew Blair and had been assessed for the state tax of 1789 at 8d., and for the county taxes of 1789 and 1790 at…
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Ejectment for one messuage and 227 acres in Derry township. The plaintiff claimed under a warrant dated 1st December 1788, and a survey thereon made 15th April 1789. The defendant held under a deed, made by John Kirkpatrick, Barlet Laffer and Jacob Smith, commissioners of the county, dated 21st September 1796, reciting that the lands in question were unseated by Andrew Blair and had been assessed for the state tax of 1789 at 8d., and for the county taxes of 1789 and 1790 at 4s. 5d., and that the same had been sold on the 12th August 1796 to the defendant, and John M'Mullen for 67 dollars. The…
1Opinion of the Court
*Sed per cur.
That resolution has been generally disapproved *285] of. The objection would go too far, and affect a variety of cases. Every thing shall be presumed in favour of the acts of officers de facto. But all our decisions unite in requiring proof of the regular assessment of the taxes, and of the due advertisement of the lands previous to the sale. This was first established on full argument in bank, before all the judges of the Supreme Court in September term 1796, in the lessee of Sarah Wistar v. John Kammerer, on a motion for a new trial; and the doctrine has been uniformly pursued…
2Cited by8 opinions
- Early v. DoeSupreme Court of the United States · 1854
- Riddle v. County of BedfordSupreme Court of Pennsylvania · 1821
- Foster v. M'DivitSupreme Court of Pennsylvania · 1840
- Delaware, Lackawanna & Western Railroad v. Tobyhanna Co.Supreme Court of Pennsylvania · 1910
- Waln v. ShearmanSupreme Court of Pennsylvania · 1822
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