McKibbin v. Charlton
Supreme Court of Pennsylvania
Error, to the District Court of Allegheny county. These were actions of ejectment, brought by McKibbin to recover the possession of three lots of ground, in the city of Allegheny. The plaintiff claimed under a treasurer’s deed to him, dated. July 21, 1842, made in pursuance of a sale for taxes.
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Error, to the District Court of Allegheny county. These were actions of ejectment, brought by McKibbin to recover the possession of three lots of ground, in the city of Allegheny. The plaintiff claimed under a treasurer’s deed to him, dated. July 21, 1842, made in pursuance of a sale for taxes. The lots were assessed after 7th December, 1839, perhaps in January, February, or March, 1840. The Charltons had purchased about two acres of ground in 1837; they sold the lots in question out of it to Blakely, and conveyed them to him by deed, dated June 10, 1839. The lots in question were not…
1Per curiam
— This case is distinctly within the principle of Harbison v. Jack, 2 Watts 124, in which it was held that an accidental or temporary suspension of the actual occupancy of land does not make it unseated, and that where profits have been drawn from it, the owner can return it to the unproductive class only by abandonment, entire, unlimited, and intentional. This lot was in cultivation the year before the assessment and the year after it, the interruption having been occasioned by a sale of it for a building lot to one who was not prepared to make instant use of it. In the mean time it was not…
2Cases cited1 opinion
- Harbeson v. JackSupreme Court of Pennsylvania · 1833