Floyd v. Kulp Lumber Co.
Supreme Court of Pennsylvania
Appeal, No. 32, Jan. T., 1908, by defendant, from judgment of C. P. Huntingdon Co., May T., 1907, No. 11, on verdict for plaintiffs in case of J. B. Floyd, Samuel M. Floyd, Mary E. Floyd, Jane A. Floyd and Emma A. Floyd, daughter of Henry Floyd, deceased, v. Kulp Lumber Company. Ejectment for land in Jackson township. Before Shull, P. J., specially presiding. At the trial the defendant claimed title under a tax sale of the land as unseated land.
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Appeal, No. 32, Jan. T., 1908, by defendant, from judgment of C. P. Huntingdon Co., May T., 1907, No. 11, on verdict for plaintiffs in case of J. B. Floyd, Samuel M. Floyd, Mary E. Floyd, Jane A. Floyd and Emma A. Floyd, daughter of Henry Floyd, deceased, v. Kulp Lumber Company. Ejectment for land in Jackson township. Before Shull, P. J., specially presiding. At the trial the defendant claimed title under a tax sale of the land as unseated land. The plaintiffs claimed title under an earlier tax sale, and asserted that in the year in which the defendant claimed that the lands were assessed as…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
To defeat plaintiffs in their action, defendant relied upon a title which had its origin in a treasurer’s sale of the land in dispute for unpaid taxes, assessed for the year 1838 on the land as unseated. No question was raised as to compliance with legal requirements in connection with this sale, or that the defendant had legally succeeded to the title acquired thereby. The one question in the case was, whether this particular tract was assessed for the year 1838 as seated land as well. It was conceded that if assessed as seated land for that year, it was not…
2Cases cited3 opinions
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