Rogers v. Johnson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: No. 14, to October and November Term 1869. This was an action of ejectment brought April 14th 1866, by Worthington R. Johnson and Anna, his wife, for the undivided moiety of two tracts of land situate in Connellsville township, containing respectively 406 and 428 acres. The title to the tracts, October 19th 1811, was 'in Thomas Johnson, from whom an undivided half of them was vested in the plaintiff.
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Error to the Court of Common Pleas of Fayette county: No. 14, to October and November Term 1869. This was an action of ejectment brought April 14th 1866, by Worthington R. Johnson and Anna, his wife, for the undivided moiety of two tracts of land situate in Connellsville township, containing respectively 406 and 428 acres. The title to the tracts, October 19th 1811, was 'in Thomas Johnson, from whom an undivided half of them was vested in the plaintiff. The land was unseated and so assessed and taxed in 1831 and 1832 in the name of Thomas Johnson. The taxes being unpaid, both tracts of the…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
This ejectment was brought in 1866 by Johnson and wife against Daniel Rogers, who claimed the lands in controversy by treasurer’s sales for taxes made in 1834. The land was wild mountain land, and Rogers took possession by pasturing his cattle upon it and by taking off timber from time to time, and paid the taxes from 1838 inclusive until the time of the trial. The plaintiff admitted his possession by bringing the ejectment. The jurisdiction of the treasurer to sell was undoubted. The land was unseated, the taxes regularly assessed, and were…
2Cases cited9 opinions
- Peters v. HeasleySupreme Court of Pennsylvania · 1840
- Coney v. OwenSupreme Court of Pennsylvania · 1837
- Ash v. AshtonSupreme Court of Pennsylvania · 1842
- Bayard v. InglisSupreme Court of Pennsylvania · 1843
- Iddings v. CairnsSupreme Court of Pennsylvania · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
- Carey v. CagneySupreme Court of Louisiana · 1902
- Trexler v. AfricaSuperior Court of Pennsylvania · 1907
- Trexler v. AfricaSuperior Court of Pennsylvania · 1905