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MURPHY V. PACKER, 152 U. S. 398 (1894)

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U.S. Supreme Court

Murphy v. Packer, 152 U.S. 398 (1894)

Murphy v. Packer

No. 107

Argued January 16-17, 1894

Decided March 19, 1894

152 U.S. 398

Syllabus

Evidence of the payment of the purchase money due to the State of Pennsylvania on a land warrant clothes the person paying it with the ownership of the warrant, and with the right to maintain ejectment for the land.

A recital in a patent from Pennsylvania to B of a conveyance by A to B before the warrant issued is no evidence against persons claiming under C to whom a previous patent had issued for the same land upon the warrant to A.

When county commissioners in Pennsylvania buy in for the county land sold for nonpayment of taxes, and the land, while owned by the county, is illegally assessed for taxes, and sold for nonpayment of them, and conveyance is duly made to the purchaser, who remains in possession forty years, the county is estopped from asserting title in itself.

When a valid title to real estate in Pennsylvania becomes vested in a person by reason of the ownership of a land warrant and his payment of the purchase money to the state, a stranger to his title, claiming under another and distinct title, cannot avail himself of the act of April 22, 1856, Purdon's Digest, 1064, 11th ed., with regard to implied or resulting trusts.

Ejectment. The case is stated in the opinion. chanroblesvirtualawlibrary

Page 152 U. S. 399





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