White v. Willard
Supreme Court of Pennsylvania
ERROR to the common pleas of Mercer county. Ejectment. Crawford White purchased the land in dispute at a treasurer’s sale for taxes in 1816, and then gave a bond for the surplus purchase money, beyond the amount necessary to pay the taxes and costs, and received his deed. The bond was mislaid by the treasurer, and not found until 1823, when he filed it in the proper office.
Read the full summary
ERROR to the common pleas of Mercer county. Ejectment. Crawford White purchased the land in dispute at a treasurer’s sale for taxes in 1816, and then gave a bond for the surplus purchase money, beyond the amount necessary to pay the taxes and costs, and received his deed. The bond was mislaid by the treasurer, and not found until 1823, when he filed it in the proper office. The original title was in Peter Willard the defendant, whose counsel contended that the omission to file the bond was fatal to the plaintiff’s title; and of that opinion was the court below, by whose direction a verdict…
1Per curiam
The point contested here was certainly not decided in Sutton v. Nelson, 10 Serg. & Rawle 238, nor an opinion on it intended to be intimated. The word “filing” was carelessly used for delivering, on a supposition that the one would follow the other as a matter of course; but it was not supposed to be the business of the purchaser to attend to the duty of the officer, further than to see that he had the bond; or to make him answerable for negligence not his own. For whose benefit is the officer to perform this particular duty ? Certainly for that of the former owner, who alone has remedy…
2Cases cited1 opinion
- Sutton v. NelsonSupreme Court of Pennsylvania · 1823
3Cited by4 opinions
- Bartholemew v. LeechSupreme Court of Pennsylvania · 1838
- Fager v. CampbellSupreme Court of Pennsylvania · 1836
- Robinson v. WilliamsSupreme Court of Pennsylvania · 1837
- Thompson v. PhillipsU.S. Circuit Court for the District of Eastern Pennsylvania · 1830