Kennedy v. Daily
Supreme Court of Pennsylvania
ERROR, to the common pleas of Tioga county. This was an action of ejectment for four hundred acres of land, by the heirs at law of Robert Kennedy, deceased, against John Daily. The plaintiffs gave in evidence a patent for the land, to Robert Kennedy, dated the 15th of January 1813, and proved that he died intestate, and they were his heirs at law.
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ERROR, to the common pleas of Tioga county. This was an action of ejectment for four hundred acres of land, by the heirs at law of Robert Kennedy, deceased, against John Daily. The plaintiffs gave in evidence a patent for the land, to Robert Kennedy, dated the 15th of January 1813, and proved that he died intestate, and they were his heirs at law. Defendant claimed the land by virtue of a treasurer’s sale of it for taxes, to him; and gave in evidence the books of the commissioners’ office, to show that the land had been regularly assessed as unseated, for the years from 1816 to 1821…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This was an action of ejectment to recover a tract of land in the county of Tioga, containing four hundred and one acres, surveyed on a warrant, in the name of Robert Kennedy. *271The plaintiffs, who are the heirs of Robert Kennedy, after proof that he died intestate, rested.
The defendant claimed title under a sale as an unseated tract for payment of taxes. He offered evidence to show that the land was regularly assessed from the year 1816 to 1821 inclusive; all of which, although opposed by the plaintiffs, was properly received by the court. The…
2Cases cited2 opinions
- Sheaffer v. M'KabeSupreme Court of Pennsylvania · 1834
- Morberger v. HackenbergSupreme Court of Pennsylvania · 1825
3Cited by17 opinions
- Albert v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1968
- Breisch v. CoxeSupreme Court of Pennsylvania · 1876
- Hoffman v. BellSupreme Court of Pennsylvania · 1869
- Pottsville Lumber Co. v. WellsSupreme Court of Pennsylvania · 1893
- McLeod v. LloydOregon Supreme Court · 1903
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