Clapp v. Township of Pinegrove
Supreme Court of Pennsylvania
APPEAR BY PLAINTIFF FROM THE COURT OR COMMON PLEAS OE VENANGO COUNTY. No. 72 October Term 1890, Sup. Ct.; court below, No. 15 November Term 1889, C. P. On September 3,1889, E. E. Clapp brought assumpsit against the township of Pinegrove, to recover back certain moneys alleged to have been paid by the plaintiff for the use of the defendant township. The defendant’s pleas were non-assumpsit, and non-assumpsit infra sex annos.
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APPEAR BY PLAINTIFF FROM THE COURT OR COMMON PLEAS OE VENANGO COUNTY. No. 72 October Term 1890, Sup. Ct.; court below, No. 15 November Term 1889, C. P. On September 3,1889, E. E. Clapp brought assumpsit against the township of Pinegrove, to recover back certain moneys alleged to have been paid by the plaintiff for the use of the defendant township. The defendant’s pleas were non-assumpsit, and non-assumpsit infra sex annos. At the trial on March 10, 1890, the following facts were shown: In the year 1872, 290 acres of tract No. 2632, in Pine-grove township, Venango county, appeared in the tax…
1Opinion of the Court
Opinion,
Mr. Justice Williams:
Prior to the act of 1856, the rule, caveat emptor, was held applicable to the sale of lands for taxes in the same manner as to judicial sales. That act provided that the rule should not apply to tax-sales in certain cases, viz., where the land sold did not lie in the county where the taxes had been actually paid, and where the sale had been made upon a double assessment.
Perhaps the statute was unnecessary. If a sheriff who held no writ against the owner of property, or a writ that had been already satisfied by the payment of the debt, interest, and costs in full,…
2Cases cited4 opinions
- Breisch v. CoxeSupreme Court of Pennsylvania · 1876
- Laird v. HiesterSupreme Court of Pennsylvania · 1855
- Montgomery v. MeredithSupreme Court of Pennsylvania · 1851
- Bredin v. Road CommissionersSupreme Court of Pennsylvania · 1879
3Cited by6 opinions
- Merchants' National Bank v. SpatesWest Virginia Supreme Court · 1895
- Foster v. Federal Reserve Bank of PhiladelphiaCourt of Appeals for the Third Circuit · 1940
- First Wayne Federal Savings & Loan Ass'n v. Peters, Pennsylvania Court of Common Pleas, Montgomery County1945
- McClure v. Greene County, Pennsylvania Court of Common Pleas, Greene County1928
- Tax RefundsPennsylvania Court of Common Pleas · 1947
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