Brundred v. Egbert

Citations

• 158 Pa. 552
• 28 A. 142
• 1893 Pa. LEXIS 1634

Syllabus

<p>Tax sale — Title—Mortgage.</p> <p>A mortgage included within the description a smaller tract of land already mortgaged to another party. Default having been made on the first mortgage of the small tract, the sheriff sold the small tract to plaintiff’s predecessor in title. After the sale the smaller lot was assessed for taxes, according to the description in the first mortgage, as seated land. Subsequently it was sold for taxes and bought by the county which held it for ten years, and then sold it to plaintiff. The larger tract covered by the second mortgage was assessed as seated land, and was sold for taxes during the time that the title to the smaller lot was in the county. In an action of ejectment to recover possession of the smaller lot, Held:</p> <p>1. That the sale upon the first mortgage divested the lien of the second upon the smaller lot, and passed a good title to the purchaser.</p> <p>2. That the sale of the lai'ger lot for taxes did not pass title to the smaller lot, although title to the smaller lot was at the time in the county. Diamond Coal Co. v. Fisher, 19 Pa. 267, distinguished.</p> <p>3. In such case, where the lots were distinct in their ownership, and in the assessment of taxes, each lot was subject to a lien for the taxes assessed against its owner, and liable to sale therefor, and a sale of either for nonpayment of the taxes against it would pass title to the land covered by the lien of the taxes so returned.</p>