Trexler v. Africa
Superior Court of Pennsylvania
Appeal, No. 108, Oct. T., 1904, by plaintiff, from judgment of C. P. Huntingdon Co., Sept. T., 1903, No. 33, on verdict for defendants in case of J. F. Trexler and John L. Trexler v. J. M. Africa and John Edelblute. Trespass for removing sand from land alleged to be owned by plaintiff. Before Woods, P. J. The facts appear by the opinion of the Superior Court. The court gave binding instructions for defendants. Verdict and judgment for defendants. Plaintiff appealed.
Read the full summary
Appeal, No. 108, Oct. T., 1904, by plaintiff, from judgment of C. P. Huntingdon Co., Sept. T., 1903, No. 33, on verdict for defendants in case of J. F. Trexler and John L. Trexler v. J. M. Africa and John Edelblute. Trespass for removing sand from land alleged to be owned by plaintiff. Before Woods, P. J. The facts appear by the opinion of the Superior Court. The court gave binding instructions for defendants. Verdict and judgment for defendants. Plaintiff appealed. Errors assigned were in- giving binding instructions, and various rulings on evidence referred to in the opinion of the Superior…
1Opinion of the Court
Opinion by
Smith, J.,
It is essential to the validity of a tax sale of unseated land that a tax was assessed by the proper authorities, was due for one whole year, and remained unpaid at the time of sale. If several taxes were assessed, it is sufficient that the assessment of any one was legally made, and that this tax was in arrear for one whole year. To complete the purchaser’s title, when his bid exceeds the taxes and costs, he must give bond for payment of the surplus.
In the present case there appears no question that the taxes for which the land was sold were regularly assessed more than a…
2Cases cited12 opinions
- Breisch v. CoxeSupreme Court of Pennsylvania · 1876
- Pottsville Lumber Co. v. WellsSupreme Court of Pennsylvania · 1893
- Brown v. DaySupreme Court of Pennsylvania · 1875
- Dietrick & Wilson v. MasonSupreme Court of Pennsylvania · 1868
- Montgomery v. MeredithSupreme Court of Pennsylvania · 1851
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Beacom v. Robison Et Ux.Superior Court of Pennsylvania · 1945
- Carns v. MatthewsSuperior Court of Pennsylvania · 1934
- Trexler v. AfricaSuperior Court of Pennsylvania · 1907
- Trexler v. AfricaSuperior Court of Pennsylvania · 1910
- Johnson v. DecSuperior Court of Pennsylvania · 1980
2 more not listed; retrieve them via the Exa API.