Kirkpatrick v. Mathiot
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Westmoreland county. David Kirkpatrick against Jacob D. Mathiot and Noah Mendall. This was an action of ejectment for the undivided fourth part of a tract of land: in which the parties stated the following facts, and considered them in the nature of a special verdict.
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ERROR to the Common Pleas of Westmoreland county. David Kirkpatrick against Jacob D. Mathiot and Noah Mendall. This was an action of ejectment for the undivided fourth part of a tract of land: in which the parties stated the following facts, and considered them in the nature of a special verdict. Previous to the 8th of January 1801, John Probst was the owner of a full equal and undivided fourth part (the whole in four equal parts to be divided) of a certain furnace, called the Westmoreland furnace and forge, and of several tracts of land connected with the same, amounting altogether to 2998…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
— The decision of this case will depend on the construction of the following sections of the Act of 13th of March 1815, and on the relations and duties of tenants in common to each other. The fifth section of the Act provides that if a sum shall not be bid for a tract of land offered at treasurer’s sale, sufficient to cover the taxes and costs accrued at that time, “ it shall be the duty of the commissioners of the proper county, or any of them, to bid off the same, and a deed shall thereupon be made by the treasurer to the commissioners for…
2Cases cited2 opinions
- Lewis v. RobinsonSupreme Court of Pennsylvania · 1840
- Huston v. FosterSupreme Court of Pennsylvania · 1833
3Cited by8 opinions
- Battin v. WoodsWest Virginia Supreme Court · 1885
- Bender v. StewartIndiana Supreme Court · 1881
- Swift v. AgnesWisconsin Supreme Court · 1873
- McPheeters v. WrightIndiana Supreme Court · 1890
- Lee v. Jeddo Coal Co.Supreme Court of Pennsylvania · 1877
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