Bubb v. Tompkins
Supreme Court of Pennsylvania
Error to the Common Pleas of Lycoming county. This was an ejectment for a tract of unseated land, situated in Broom township, Lycoming county, containing five hundred and forty-six acres, brought by Edward Tompkins against Bubb & McHenry.
Read the full summary
Error to the Common Pleas of Lycoming county. This was an ejectment for a tract of unseated land, situated in Broom township, Lycoming county, containing five hundred and forty-six acres, brought by Edward Tompkins against Bubb & McHenry. This land was sold as the property of Tompkins, by the county treasurer, June 10th 1856, for the taxes of the years 1854 and 1855, to Bubb & McHenry, who paid the taxes and costs, filed their bond for the surplus purchase-money, and, in December 1857, received from the treasurer a deed for the land. On the 25th of February 1858, they paid to the treasurer…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
We think this land was well redeemed. The owner came in proper time to the proper officer, the county treasurer, and offered to pay all charges that were against the land, and it was by mistake of the officer that he did not pay all. His redemption is not invalidated by the mistake of the public officer. It was very natural to trust him — most people do so — and the law cannot declare such trust wrong. If the purchasers did not get all that they were entitled to by the redemption, their remedy is against the treasurer. The error was…
2Cited by8 opinions
- Fernandez Co. v. MontoyaNew Mexico Supreme Court · 1938
- Trexler v. AfricaSuperior Court of Pennsylvania · 1907
- Home Owners' Loan Corp. Tax CaseSuperior Court of Pennsylvania · 1942
- Johnson v. DecSuperior Court of Pennsylvania · 1980
- Drew v. County of BowmanNorth Dakota Supreme Court · 1931
3 more not listed; retrieve them via the Exa API.