27 Pa. 36 | Pa. | 1856
The opinion of the court was delivered by
The plaintiff, Samuel Straub, claims the land in controversy, in pursuance of a warrant of the 20th of May, 1851, and a survey and patent founded thereon.
The defendant’s title is as follows: In 1780 an improvement was made. On 22d August, 1786, George Buck applied for the land including the improvement. On 1st September, 1786, a warrant issued. On 5th September, 1786, Buck paid the purchase-money. On 18th May, 1787, a survey was made in pursuance of the warrant. Buck continued to reside on the land until he died in 1844, without heirs and intestate. There was a house erected, and forty acres cleared, which Buck constantly cultivated during his life. On 20th February, 1844, John Dimm gave information of the escheat to the auditor-general. To this information Samuel Straub signed his name as a witness. On 18th July, 1845, an inquisition, finding the escheat, was filed with the prothonotary, and the land was thereupon leased by the deputy escheator to David Cassel, who continued in possession until 1852, On 31st August, 1853, after the lapse of seven years, without any claim or traverse, the land was sold at auction to John Dimm, according to the provisions of the Acts of Assembly relative to escheated estates. On 7th February, 1854 (the purchase money having been previously paid into the treasury), a deed was made by the governor conveying the premises to John Dimm in fee simple.
It appears from this statement of facts that the Commonwealth was in actual possession by her tenant Oassel, under her title by escheat, at the time that Samuel Straub took out his warrant. At that time there had been an actual resident settlement for up
The ordinary mode of acquiring title from the state for unappropriated land is by warrant, survey, and patent. The price established by law is a trifling sum, intended to be no more than the value of unimproved land. The laws relating to this subject have relation to unappropriated land alone, and the officers charged with the execution of them have no authority whatever to grant titles to lands of any other description. The principle has long been established that, in all cases where the state has made special provisions for the sale of lands peculiarly situated, either in respect to location or mode of acquisition, those special provisions must be pursued, and the general laws for the sale of unappropriated lands have no application. It follows that where the Commonwealth acquires title to land by alienage, by forfeiture upon an attaint, by alienation in mortmain, or by escheat, her interest must be disposed of in the manner prescribed by the statutes relating to such estates; and cannot be acquired by warrant and survey in the ordinary mode. So, in respect to islands; where there is a special provision requiring them to be sold at an appraised value, it is irregular to apply in the ordinary mode of acquiring titles to main land.
In the case of an escheated estate the officers of the land office have no authority whatever. The law is express that it must be sold at auction. The duty of making the sale is imposed on the deputy escheator, and the authority to make the conveyance is reposed in the governor. The object is to obtain not merely the price of unimproved land, but the full value not only of the improvements made upon the escheated property itself, but of the land and improvements as enhanced by the surrounding improvements, and the advantages which have accrued or been developed by the population and enterprise of the country. The creditors of the decedent who have no liens, may have an interest in this mode of sale, because they may rely upon the obligation of the state to do justice to them, as far as the proceeds may extend.
But it is thought by some that the 4th section of the Act of 11th March, 1843, controls this case. That act is entitled “ An Act to repeal the Nicholson Court of Pleas, and to release the lien of the Commonwealth on the estate of John Nicholson deceased ”
Judgment affirmed.