Legal Opinion

Allegheny City's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1861PublishedCited by 5 opinions

Appeal from the decree of the Orphans’ Court of Allegheny county. This was an appeal by the Mayor, Aldermen, and Citizens of Allegheny, from the decree of the Orphans’ Court, confirming the report of the auditor on the account of Robert Robb, administrator of John Tassey, deceased. In pursuance of an order of the Orphans’ Court, the real estate of the deceased was sold by the administrator.

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Appeal from the decree of the Orphans’ Court of Allegheny county. This was an appeal by the Mayor, Aldermen, and Citizens of Allegheny, from the decree of the Orphans’ Court, confirming the report of the auditor on the account of Robert Robb, administrator of John Tassey, deceased. In pursuance of an order of the Orphans’ Court, the real estate of the deceased was sold by the administrator. On a portion of it, which was situate in Allegheny City, there were liens filed for grading and paving, under the Acts of Assembly enacted for that purpose. The auditor, in his report, decided that these…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J.

By an Act of Assembly passed February 8d 1824, it was enacted, that all taxes, rates, and levies thereafter lawfully assessed in the city or county of Philadelphia on real estate situate therein, should be a lien on the real estate on which they might be assessed, together with all authorized additions to and charges on said taxes, &c., and it was further enacted that the said lien should have priority to, and be fully paid and satisfied before any recognisance, mortgage, judgment, &c., with which the said real estate might become charged…

2Cases cited2 opinions

  1. Mix v. AcklaSupreme Court of Pennsylvania · 1838
  2. Wadsworth v. LorangerMichigan Court of Chancery · 1839

3Cited by5 opinions

  1. Charleston Heights Co. v. City of CharlestonSupreme Court of South Carolina · 1926
  2. Bellevue Borough v. UmsteadSuperior Court of Pennsylvania · 1909
  3. Olyphant Borough v. EgreskiSuperior Court of Pennsylvania · 1905
  4. Silverman v. KealSuperior Court of Pennsylvania · 1939
  5. Hopkins v. RettingerSupreme Court of Pennsylvania · 1911

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