Lackawanna Iron & Coal Co. v. Fales
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county. In the court below an action of ejectment was commenced, March 28th 1865, by George Fales against the Lackawanna Iron and Coal Company, for a tract of land containing about 372 acres. • The land in dispute was patented, September 5th 1794, to Jeremiah Warden and others, for Mary Wright: it was sold as unseated land for taxes in the name of Mary Wright, on the 14th of June 1836, to H. B. Wright, for $18.93. The entry on…
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Error to the Court of Common Pleas of Luzerne county. In the court below an action of ejectment was commenced, March 28th 1865, by George Fales against the Lackawanna Iron and Coal Company, for a tract of land containing about 372 acres. • The land in dispute was patented, September 5th 1794, to Jeremiah Warden and others, for Mary Wright: it was sold as unseated land for taxes in the name of Mary Wright, on the 14th of June 1836, to H. B. Wright, for $18.93. The entry on the treasurer’s sale book showed that the taxes and costs, including the costs for bond, were $12.93, and the surplus $6.…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1867, by
Thompson, J.
— The contest is between tax titles in this case. The defect alleged to exist in that of the plaintiff below, by the plaintiff in error, and defendant below, is that no surplus bond for the sum bid over and above the taxes and costs was shown to have been given to the treasurer by the purchaser, as is required *97by the provisions of the Act of 1804. It has always been held that such a bond is indispensable to the validity of a sale for taxes, but whether, after a great lapse of time, it may not under certain circumstances be…
2Cited by2 opinions
- Houseman v. International Navigation Co.Supreme Court of Pennsylvania · 1906
- Christ v. Fleegler, Pennsylvania Court of Common Pleas, Delaware County1929