Updegraff v. Snyder

Citations

• 36 Pa. Super. 30
• 1908 Pa. Super. LEXIS 105

Syllabus

<p>Appeals — Failure to print portions of record — Ejectment—Quashing appeal.</p> <p>Failure to print prascipe, writ and declaration on an appeal from judgment in ejectment, is ground for quashing the appeal. '</p> <p>Land law — Unseated land — Seated land — Tax sale — Boundary.' .</p> <p>In an ejectment where the plaintiff relies on a treasurer’s sale of unseated land, and the evidence shows that the land in the possession' of the defendant had long been in the actual possession and occupancy of defendant and predecessors in title, and was in fact seated, a presumption of law arises, in the absence of evidence, that there were no unpaid taxes on the unseated list which would support a treasurer’s sale of any part of such lands in the possession of the defendant.</p> <p>Where, in ejectment, the plaintiff’s declaration, praecipe and writ ' describe the land claimed as bounded on the east by a particular warrant and survey, the plaintiff cannot recover any land east of that line.</p>