Waln v. Shearman
Supreme Court of Pennsylvania
In Error. THE record of this cause having been sent up on a writ of error, from the Common Pleas of Columbia it appeared to be an ejectment brought to August Term, 1817, by the plaintiff in error, to recover two tracts of land, to which he deduced a regular title from Blair who obtained patents for them on the 18th of February, 1775. The defendants claimed under a sale of the same land for taxes, by Andrew Albright, Sheriff of Northumberland county, of which Columbia county…
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In Error. THE record of this cause having been sent up on a writ of error, from the Common Pleas of Columbia it appeared to be an ejectment brought to August Term, 1817, by the plaintiff in error, to recover two tracts of land, to which he deduced a regular title from Blair who obtained patents for them on the 18th of February, 1775. The defendants claimed under a sale of the same land for taxes, by Andrew Albright, Sheriff of Northumberland county, of which Columbia county formerly constituted a part, by virtue of a warrant from the Commissioners of that county, dated the 12th oí September,…
1Opinion of the Court
Tilghman C. J. —
A question of law, of considerable importance arose on the trial of this cause, that is to say, whether the plaintiff could not support an action for the recovery of these lands, after the expiration of five years from the time of the sale for taxes, the purchaser not having been five years in possession ? This sale was made, by virtue of the Act directing the mode of selling unseated lands for taxes, passed the 3d of April, 1804, in the 3d section of which, are found the following expressions : — “ And no action for recovery of said lands shall lie, unless the same be brought…
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