Legal Opinion

Jones v. Beale

Supreme Court of Pennsylvania

Decided March 4, 1907No. Appeal, No. 339PublishedCited by 20 opinions

Appeal, No. 339, Jan. T., 1906, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1906, No. 3,726, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Mary J. Jones, Executrix of the Estate of Silas Jones, deceased, v. George M. D. Beale. Assumpsit to recover balance of purchase money for real estate.

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Appeal, No. 339, Jan. T., 1906, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1906, No. 3,726, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Mary J. Jones, Executrix of the Estate of Silas Jones, deceased, v. George M. D. Beale. Assumpsit to recover balance of purchase money for real estate. Before MoMichael, P. J. The defendant declined to pay the purchase money on the ground that a tax sale through which plaintiff claimed title was fatally defective. Other facts appear by the opinion of the Supreme Court. The court made…

1Opinion of the Court

Opinion by

Mr. Chief Justice Mitchell,

The Act of March 14, 1865, sec. 9, P. L. 324, after directing that it shall be the duty of owners of houses and lots in the city of Philadelphia to furnish descriptions of their lots to the chief engineer and surveyor (now the registry bureau of the department of public works), provides that “ no property so returned shall be subject to sale for taxes thereafter to accrue as a lien of record thereon, except in the name of the owner as returned, and after recovery by suit and service of the writ on him made as in the case of a summons.”

By the supplementary…

2Cases cited4 opinions

  1. Philadelphia v. CooperSupreme Court of Pennsylvania · 1905
  2. Simons v. KernSupreme Court of Pennsylvania · 1880
  3. Reece v. HaymakerSupreme Court of Pennsylvania · 1894
  4. Philadelphia v. ScottSupreme Court of Pennsylvania · 1872

3Cited by20 opinions

  1. Wright v. BarberSupreme Court of Pennsylvania · 1921
  2. Pater v. Superior Steel Co.Supreme Court of Pennsylvania · 1919
  3. Reel's EstateSupreme Court of Pennsylvania · 1919
  4. Oil City N. Bk., Exr. v. McCalmont, Exr.Supreme Court of Pennsylvania · 1931
  5. In re Harrisburg Trust Co.Superior Court of Pennsylvania · 1923

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