Legal Opinion

Woodside v. Wilson

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 9 opinions

Error to the Common Pleas of Crawford county. This was an ejectment by George R. Wilson against James Woodside, Arthur Jarvis, Jr., and Jason Decker, for 60 acres of land in Richmond township, Crawford county.

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Error to the Common Pleas of Crawford county. This was an ejectment by George R. Wilson against James Woodside, Arthur Jarvis, Jr., and Jason Decker, for 60 acres of land in Richmond township, Crawford county. The plaintiff claimed title under a treasurer’s deed, dated the 12th August 1852, for 100 acres of land, assessed as part of tract No. 1302, in the name of E. Rockwell, and sold for the taxes of 1850 and 1851; and gave evidence on the trial, to show that the assessor intended to assess No. 152, a donation tract in Richmond township, included in the 8th district of donation lands. The…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J. —

A sale of unseated land for taxes, which have been actually assessed, and which have remained due and unpaid “ for one whole year,” will pass the title, although assessed in a wrong name or by a wrong number, if otherwise designated and capable of identification. The reason for this is, the recognised principle, that it is the land, and not the owner, which is chargeable, and to be charged with the tax. It must, however, be susceptible of identification as the land assessed, otherwise the sale would be void. The bond, an essential part,…

2Cases cited3 opinions

  1. Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
  2. Dunn v. RalyeaSupreme Court of Pennsylvania · 1843
  3. Thompson v. FisherSupreme Court of Pennsylvania · 1843

3Cited by9 opinions

  1. Beacom v. Robison Et Ux.Superior Court of Pennsylvania · 1945
  2. Humphrey v. ClarkSupreme Court of Pennsylvania · 1948
  3. New York State Natural Gas Corp. v. Swan-Finch Gas Development Corp.District Court, W.D. Pennsylvania · 1959
  4. McClements v. DowneySuperior Court of Pennsylvania · 1896
  5. Schreiber v. MoynihanSupreme Court of Pennsylvania · 1901

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