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· 4/16/1917

Ault v. Adamson

Citations

  • 66 Pa. Super. 374
  • 1917 Pa. Super. LEXIS 268

Syllabus

<p>Statute of limitations — Forced payment of taxes — Subrogation to tax collector — Fguity.</p> <p>Where a person has been forced to pay taxes on land for which another person was liable, and has delayed for over six years in instituting’ a suit against a person in default, he cannot thereafter maintain ,a suit to his own use in the name of the tax collector against whose claim the statute has not become a bar. The plaintiff haying lost his legal right, has also thereby lost his equitable right to subrogation.</p> <p>In such a case it is immaterial that the plaintiff was not in a position to ask for substitution until the tax collector’s warrant had expired.</p>

Judges: Head, Henderson, Iart, Kepi, Orlady, Porter, Trexler, Williams

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