Fager v. Campbell
Supreme Court of Pennsylvania
ERROR to the commqn pleas of Northumberland coun^k This was a scire facias upon a mortgage by Conrad administrator cum testamento annexo of John Myers against Daniel Campbell, in which Charles Wharton, Jr., made defence as terretenant, and gave notice that he claimed title under a sale of the land as unseated for taxes.
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ERROR to the commqn pleas of Northumberland coun^k This was a scire facias upon a mortgage by Conrad administrator cum testamento annexo of John Myers against Daniel Campbell, in which Charles Wharton, Jr., made defence as terretenant, and gave notice that he claimed title under a sale of the land as unseated for taxes. After the plaintiff had given the mortgage in evidence, the defendant offered in evidence the tax books from the commissioners’ office to show that a tax had been assessed, remained unpaid, and for which the land was sold; and also the receipt of the treasurer for the surplus…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The tax book was an official document; and, according' to Hubley v. Keyser, 2 Penns. Rep. 297, it was both competent and sufficient to show the land had been assessed. The receipt of the treasurer, too, was competent evidence, according to White v. Willard, 1 Watts 42, that a surplus bond was executed and delivered; which is enough for the title of the purchaser who is not responsible for the neglect of the purchases in omitting to have it filed. The question, then, is whether a purchaser of unseated land, takes it clear of incumbrances;…
2Cases cited1 opinion
- White v. WillardSupreme Court of Pennsylvania · 1832
3Cited by16 opinions
- Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
- Beacom v. Robison Et Ux.Superior Court of Pennsylvania · 1945
- Northumberland County v. Philadelphia & Reading Coal & Iron Co.Court of Appeals for the Third Circuit · 1942
- Stark v. ShuppSupreme Court of Pennsylvania · 1886
- Irwin v. TregoSupreme Court of Pennsylvania · 1853
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