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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 46)

Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 46)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865. Excerpt: ... Alexander et aL v. Bush. ment of taxes that has any value in corroborating other facts tending to raise the inference or presumption that the surplus bond was actually given. But that is somewhat weakened by the facts that during the first thirteen years, the plaintiff, who knew the character of his claim, paid no taxes on the land, and that during all that time it was taxed to the defendants, and the taxes paid by them. For thirteen years the plaintiff, knowing what his tie was, did not have the land taxed to him, and the defendants, not knowing of the plaintiff's title, so far as now appears, had the land taxed as theirs, if we take the rejected offer of evidence, as if it had been admitted and proved, as we must do. Surely this tends to show that it was not this land that was sold, or that there was some fatal defect in the plaintiff's title, and the failure to give the surplus bond would be such a defect. Both parties paid the taxes ever since, neither, we suppose, knowing of the double taxation. But this is some evidence that the defendants did not know of an outstanding title, and is of some value in a case where the county records fail to show any sale for taxes. The case is therefore destitute of any legal presumption that the surplus bond was given. What we have said seems to us a sufficient answer to all the points raised in the case, and requires that we should reverse the judgment. And I may say, for myself, that with such facts before me, showing so much irregularity in the public officers, and in the conduct of the plaintiff, I could not infer that the surplus bond was regularly given. Judgment reversed, and a new trial awarded. Zubler versus Schrack et at. Sale of improvement right, when invalid.--Interest of settler is realty, and as such ...


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Product Details
  • ISBN-13: 9781235622588
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 232
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1235622584
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 422 gr


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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 46)
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