Burd v. Ramsay
Supreme Court of Pennsylvania
CASE STATED. The defendant was indebted to the plaintiffs on an assigned mortgage, dated the 16th January, 1812. Judgment was entered by the plaintiffs on the bond accompanying the mortgage, on the 12th November, 1817. On the alias venditioni thereon, returnable to December Term, 1820, a sale was made on the 20th November, 1820, of the mortgaged premises, on the following conditions: “Cash in ten days, or the property sold again at the risk of the purchaser: all arrears of…
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CASE STATED. The defendant was indebted to the plaintiffs on an assigned mortgage, dated the 16th January, 1812. Judgment was entered by the plaintiffs on the bond accompanying the mortgage, on the 12th November, 1817. On the alias venditioni thereon, returnable to December Term, 1820, a sale was made on the 20th November, 1820, of the mortgaged premises, on the following conditions: “Cash in ten days, or the property sold again at the risk of the purchaser: all arrears of ground rent and taxes will be paid out of the purchase money, if the bills thereof are brought to the sheriff's office…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
The question is whether taxes due for seated lands are a lien on them, or only a personal charge against the owner or occupant. No lien is expressly created by any of the various acts of assembly on the subject, and the inquiry will therefore be, whether an intention to render the taxes a charge on seated lands can be collected from any or all of those acts, by implication. This implication must arise, if at all, from the 4th section of the original act, (act of 11th April, 1799,) by which the assessors are requested to take an account of the…
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