Franklin Coal Co. v. Bertels
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county : Of January Term 1885, No. 439. Ejectment, by Arnold Bertels et al., against the Franklin Coal Company, for a tract of land in Hanover township, containing 130 acres. Plea, not guilty.
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Error to the Court of Common Pleas of Luzerne county : Of January Term 1885, No. 439. Ejectment, by Arnold Bertels et al., against the Franklin Coal Company, for a tract of land in Hanover township, containing 130 acres. Plea, not guilty. On the trial, before Rice, P. J., the plaintiffs having shown title out of the Commonwealth, based their claim upon an assessment of the land in dispute for taxes for 1864 and 1865, as “unseated;” and a sale by the treasurer to the commissioners, who conveyed the property to plaintiffs by deed dated October 17th, 1871, the period allowed for redemption…
1Opinion of the Court
The opinion of the court was delivered,
2Per curiam
The plaintiffs below claimed under a treasurer’s sale for the non-payment of taxes. The validity of that sale is attacked, but the former owners did not return the land as the Act of Assembly contemplates they shall, nor did they pay the taxes thereon. When unseated land subject to taxation is sold, the title of the real owner passes to the purchaser, in *554whatever name it be assessed and sold, even if the person in whose name it was sold has not title thereto: Sbranch v. Shoemaker, 1 W. & S., 166. It is the land itself and not the owner of it, that is…
3Cases cited1 opinion
- Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
4Cited by8 opinions
- Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
- Bannard v. New York State Natural Gas Corp.Supreme Court of Pennsylvania · 1972
- McClements v. DowneySuperior Court of Pennsylvania · 1896
- Auman v. HoughSuperior Court of Pennsylvania · 1906
- Alessi v. Davis, Pennsylvania Court of Common Pleas, Delaware County1950
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