1 Watts 503 | Pa. | 1833
The opinion of the Court was delivered by
The first error assigned in this case, which is that the taxes exceeded the amount of the sale and therefore the treasurer’s deed is void and vests no title in the purchaser, does not appear to exist in point of fact. Neither docs it appear that any such question was made upon the trial of the cause. On the contrary, it would seem, from the president judge’s charge, that the plaintiff in error had alleged on the trial, that there was a surplus of money arising from the treasurer’s sale of the land after paying the taxes and costs, and, because no bond was given, as required by the act of assembly in such case, for the alleged surplus, had requested the court below to charge the jury that the sale was void on that ground. The court however, believing from the evidence adduced that the amount of the money produced by the sale was just, equal to that of the taxes and costs, very properly refused to give this direction.
The next and only remaining error complained of, is, that “the court erred in charging the jury that a tract of land with a man and his family residing upon it, is unseated except so far as the settler has actually cleared and occupied, unless he entered with title.” Now although I am clearly of opinion that the court erred in laying down this proposition thus broadly as law, yet I think it was unnecessary, as the case that was presented by the evidence given, did not require it. As soon as a person enters upon an unseated tract of
In the case before us, the land appears to have been patented to Samuel A. Otis upon a warrant to Bartholomew Wisiar, and a survey made in pursuance thereof containing four hundred and thirty-six acres and thirty-five perches. In 1814, the whole of the four hundred and thirty-six acres and thirty-five perches were assessed in the name of the warrantee, and in that same year a William Patterson came to live on the land in a house and improvement which he had made, claiming about fifty acres of the Bartholomew Wistar survey, with about as much more of other adjoining land without it. These hundred acres were assessed to him as the owner thereof, in that same year; and on the 26th of August of that year, the comznon
Judgment affirmed.