Legal Opinion

Day v. Swanson

Supreme Court of Pennsylvania

Decided May 13, 1912No. Appeal, No. 155PublishedCited by 12 opinions

Appeal, No. 155, Jan. T., 1912, by plaintiff, from judgment of C. P. Warren Co., Dec. T., 1911, No. 33, for defendant non obstante veredicto in case of John A. Day v. C. A. Swanson. Ejectment for land in Brokenstraw township. Be-for Hinckley P. J. The case turned upon the validity of a tax sale of seated land made under the provisions of Section 41 of the Act of April 29, 1844, P. L. 436. The jury returned a verdict for plaintiff.

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Appeal, No. 155, Jan. T., 1912, by plaintiff, from judgment of C. P. Warren Co., Dec. T., 1911, No. 33, for defendant non obstante veredicto in case of John A. Day v. C. A. Swanson. Ejectment for land in Brokenstraw township. Be-for Hinckley P. J. The case turned upon the validity of a tax sale of seated land made under the provisions of Section 41 of the Act of April 29, 1844, P. L. 436. The jury returned a verdict for plaintiff. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante veredicto.

1Opinion of the Court

Per Curiam,

The treasurer of the county of Warren sold to the appellant the property which is the subject of this ejectment for the non-payment of taxes assessed against it as seated land for the year 1904. The sale was made in pursuance of Section 41 of the Act of April 29, 1844, P. L. 486, which provides “that all real estate within this Commonwealth, on which personal property cannot be found sufficient to pay the taxes assessed thereon, and where the owner or owners thereof neglect or refuse to pay the said taxes, the collectors of the town*495ships in which said lands lie, shall return the…

2Cited by12 opinions

  1. Beacom v. Robison Et Ux.Superior Court of Pennsylvania · 1945
  2. Andrews Land Corp's. AppealSuperior Court of Pennsylvania · 1942
  3. Long v. PhillipsSupreme Court of Pennsylvania · 1913
  4. Scott v. BellSupreme Court of Pennsylvania · 1942
  5. Bradford County v. BeardsleySuperior Court of Pennsylvania · 1915

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