Fox v. Cash
Supreme Court of Pennsylvania
Error to the 'Common Pleas of Bradford. On the 7th October, 1834, William Eox, who was clerk to the Commissioners of Bradford county, and David Cash, entered into an agreement in writing, by which it was agreed that Cash should bid off at commissioners’ sale a tract of land in the warrantee name of Susanna Curry, and should take a deed from the commissioners in his own name, each party to pay half of the purchase-money and expenses, and to be jointly interested.
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Error to the 'Common Pleas of Bradford. On the 7th October, 1834, William Eox, who was clerk to the Commissioners of Bradford county, and David Cash, entered into an agreement in writing, by which it was agreed that Cash should bid off at commissioners’ sale a tract of land in the warrantee name of Susanna Curry, and should take a deed from the commissioners in his own name, each party to pay half of the purchase-money and expenses, and to be jointly interested. On the same day Cash bid off this tract at the commissioners’ sale, and on the 23d December, 1834, the commissioners executed a deed…
1Opinion of the Court
The opinion of this court was delivered by
Coulter, J.
The clerk to the commissioners is not forbidden by the law to be a purchaser of a tract of land sold at public sale by the commissioners for arrears of taxes. Hor is it so opposed to the policy of the law as to make it iniquitous and void. The sale is open to all, except the commissioners themselves, who are the vendors, and cannot therefore both sell and buy. The clerk is merely the scrivener or ministerial agent of the commissioners. He is, it is true, employed or appointed by the commissioners subject to their directions and…
2Cited by4 opinions
- Pennsylvania Co. for Ins. v. Ninth Bk. T. Co.Supreme Court of Pennsylvania · 1931
- Peters v. GrimSupreme Court of Pennsylvania · 1892
- New Holl. Turnp. Co. v. Farmers' Ins., Pennsylvania Court of Common Pleas, Lancaster County1891
- Janssen v. Bank of PittsBurgh Nat. Ass'nCourt of Appeals for the Third Circuit · 1940