Irish v. Johnston
Supreme Court of Pennsylvania
Error to the District Court of Allegheny. Sept. 15. On the 15th June, 1842, Irish purchased at a tax-sale of unseated land, an unseated part of lot No. Ill, in Fourth Ward, Pittsburgh, in the name of Rachel Impey.
Read the full summary
Error to the District Court of Allegheny. Sept. 15. On the 15th June, 1842, Irish purchased at a tax-sale of unseated land, an unseated part of lot No. Ill, in Fourth Ward, Pittsburgh, in the name of Rachel Impey. The price he bid for it was $1,505, of which $14.38 were paid in full of the taxes and costs, and on 21st July, 1842, a bond was given, agreeably to the act of Assembly, to Johnston, the treasurer of the county, and to his successors, for the balance of the purchase-money, $1,490.62, for the use of the owners of the land sold. On the 23d January, 1847, judgment was confessed on that…
1Opinion of the Court
The opinion of this court was delivered by
Gibson, C. J.
There are but two points before us: 1. The obligor’s right to contest Mrs. Midford’s former ownership of any part of the land, for the surplus price of which the bond was given. 2. His right to set off the ground-rent which issued out of it, and which she was bound to pay as the assignee of the ground-tenant.
1. The legal right to recover on the bond was in the treasurer named in it as obligee, and not in those who were entitled to this money. What had the obligor to do with them or their aliquot parts of it ? A recovery in the name of the…
2Cited by6 opinions
- Commonwealth ex rel. Snyder v. SnyderSuperior Court of Pennsylvania · 1896
- Commonwealth Ex Rel. Horner v. HoukSuperior Court of Pennsylvania · 1929
- Commonwealth v. Ortwein, Pennsylvania Court of Common Pleas, Dauphin County1936
- Sachse v. MyersSuperior Court of Pennsylvania · 1900
- Harmer v. De Franco, Pennsylvania Court of Common Pleas, Montgomery County1954
1 more not listed; retrieve them via the Exa API.