Gilmore v. Thompson
Supreme Court of Pennsylvania
APPEAL from the circuit court of Butler county. This was an ejectment by Samuel A. Gilmore against John Thompson and others to recover a tract of land. The plaintiff had a legal title for the land. The defendants relied upon a sale of the land to them by the treasurer for taxes. In answer to which, the plaintiff proved that the tax for which the land had been sold to the defendants had been paid previously to the sale.
Read the full summary
APPEAL from the circuit court of Butler county. This was an ejectment by Samuel A. Gilmore against John Thompson and others to recover a tract of land. The plaintiff had a legal title for the land. The defendants relied upon a sale of the land to them by the treasurer for taxes. In answer to which, the plaintiff proved that the tax for which the land had been sold to the defendants had been paid previously to the sale. The only question which arose in the case was, whether the defendants were entitled to recover compensation for improvements made on the land by them after their purchase ? The…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The provision for compensation under the act of 1804, was restrained to no particular case within the limitation of five years; on the contrary it was extended to every recovery for irregularity in the assessment, process or sale. The same provision was repeated in the act of 1816, when the legislature narrowed the ground of recovery to cases where the tax had been paid, previously t.o the sale, or subsequently by redemption. Why then should not the provision for compensation be as broad, under either act, as the right of recovery, which…
2Cited by3 opinions
- McCann v. SmithSupreme Court of Arkansas · 1898
- Coney v. OwenSupreme Court of Pennsylvania · 1837
- Miller v. KeeneSupreme Court of Pennsylvania · 1836