Africa v. Trexler

Citations

• 232 Pa. 493
• 81 A. 707
• 1911 Pa. LEXIS 751

Syllabus

<p>Evidence — Competency of witness — Death of one party in interest— Ejectment — Defendant—Disclaimer—Act of May £3, 1887, P. L. 169— Treasurer’s deed — Proffer of taxes — Declarations—Party not in interest.</p> <p>1.- A codefendant in an action of ejectment who is called as a witness and complies with the conditions imposed by clause e, sec. 5, of the Act of May 23,1887, P. L. 159, by filing a disclaimer and securing the costs, is relieved from the disability imposed upon a surviving party having an interest adverse to that of a deceased party. The competency of such a witness does not depend upon his interest in the subject in controversy, but whether he has complied with the requirements of the act.</p> <p>2. Where an owner of unseated land calls upon the county treasurer, inquires for the taxes due on the land, and pays all the taxes demanded of him by the treasurer, he does all that is necessary to discharge the land from liability to sale, and a subsequent sale of the land for taxes which the treasurer omitted to demand passes no title.</p> <p>3. A treasurer’s deed does not give purchasers at a tax sale constructive possession of the premises sold where the sale was wholly void.</p> <p>4. The acceptance of service by defendant’s counsel in an action of ejectment is in effect the same as if the defendant had been personally served by the sheriff, and is therefore prima facie evidence of the defendant’s possession of the premises in dispute.</p> <p>5. In an action of ejectment one of the defendants, formerly owner of an undivided half interest in the premises, was permitted to withdraw his plea of “not guilty” and to file a disclaimer of title and a bond to secure the payment of costs. It appeared that he had previously conveyed his undivided half interest in the premises to the other defendant by a general warranty deed. On the trial the plaintiffs showed title out of the commonwealth, the assessment and levy of taxes on the land in dispute, the return for the