Philadelphia Library Co. v. Ingham
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of Bucks County, to remove the record in an action of replevin, brought to September Term, 1833, of that Court, by Samuel D. Ingham, against Thomas Sands, constable of Solebury Township, for a quantity of hay.
Read the full summary
This was a writ of error to the Court of Common Pleas of Bucks County, to remove the record in an action of replevin, brought to September Term, 1833, of that Court, by Samuel D. Ingham, against Thomas Sands, constable of Solebury Township, for a quantity of hay. The defendant, Sands, made cognizance as the bailiff of the Library Company of Philadelphia, for the use of the Loganian Library, as follows: And the defendant, by Mathias Morris, his attorney, comes and defends the wrong and injury, when, &c., and as the bailiff of the Library Company of Philadelphia, in trust for the use of the…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The only principle that could produce an effect
on the event, has already been determined in Franciscus v. Reigart; where it was held that the conditional owner of the fee cannot defalcate taxes assessed on the land. What is there in this case besides ? It is not pretended that there was a separate assessment on the ground rent; and if there had been, what concern would the occupant have had with it ? The act of the 3d of April, 1804, subjects the tenant to taxes assessed on the land, and empowers him to recover it from his landlord by…
2Cited by4 opinions
- Philadelphia v. FoxSupreme Court of Pennsylvania · 1870
- Wallace v. JamesonSupreme Court of Pennsylvania · 1897
- Frank v. McCrossinSuperior Court of Pennsylvania · 1907
- Reiners's LicenseSuperior Court of Pennsylvania · 1915