George Shiras, Jr.

“ But as we have seen that, under the well-settled law of Pennsylvania, a legal title became vested in Ruston by his ownership of the warrant and his payment of the purchase money, and as his title has, by instruments in writing and by proceedings of record, become vested in the defendant in error, a stranger to that title, claiming under another and distinct title, originating in a commissioners' sale in 1882, cannot avail himself of the statute referred to. ”

“ The plaintiff objected to this offer as irrelevant and incompetent to affect the plaintiff, because the defendant offered no evidence to show title in the county commissioners of Columbia county but a tax title or sale in 1828, and that whatever title was acquired at such sale in 1828 was divested by the tax sale to Pleasants in 1842, and because at the sale in 1882 the presumption had become conclusive that the taxes of 1826, 1827, and 1828 had been paid, and the land redeemed from the sale of 1828. ”

“ This was an action of ejectment brought, in the circuit court of the United States for the western district of Pennsylvania, by Elisha A. Packer, a citizen of the state of New York, against Charles G. Murphy, a citizen of the state of Pennsylvania, to recover possession of a tract of land containing 462 acres, situate in the county of Cumberland and state of Pennsylvania. The plaintiff's evidence to show title in himself consisted of six warrants for tracts of land of some 400 acres each, one of which, to Nathaniel Brown, dated November 26, 1793, embraced the land in question ”