Cobb v. Barclay

Citations

• 9 Pa. Super. 573
• 1899 Pa. Super. LEXIS 77

Syllabus

<p>Tax sale — Treasurer's sale — Commissioner's sale — Tille.</p> <p>The effect of a county commissioners’ sale of land is only to divest the title of the county and if when the sale was made the county had no title the sale can have no effect.</p> <p>The sale having been made by the county treasurer for taxes of 1888 the land in question was struck off to the county and title made to the commissioners in 1890. It appears that the taxes were subsequently regularly assessed and levied for the years 1890 and 1891, and in 1892 the treasurer sold the premises to vendors of the defendant. In 1896 the commissioners sold the same land at public auction and made a deed to the plaintiff for the tract of land in question. Held, in an action of trespass brought by plaintiff against defendant, that there was no redemption in fact from any of these sales and that the plaintiff did not acquire any title to the land in dispute by virtue of the sale and conveyance to him by the county commissioners in 1896.</p>