Everhart v. Nesbitt

Citations

• 182 Pa. 500
• 38 A. 525
• 1897 Pa. LEXIS 835

Syllabus

<p>Tax sale — Assessment—Acreage—Evidence—Question for jury.</p> <p>In an ejectment to try title to land under atax sale where itis contended that the land in dispute was part of a larger tract in the seated list upon which the taxes had been paid, evidence of the quantity of land in the tract in dispute, and of the quantity of the larger tract, as well as evidence that the land in dispute had been separately assessed in the unseated list, and that taxes thereon had been paid without question, is for the jury in determining whether the smaller tract was included in the assessment of the larger tract.</p> <p>Tax sale — Mistake of description in treasurer's deed — Evidence—Question for jury.</p> <p>In an action of ejectment to try title to land acquired at a tax sale where the evidence clearly and undisputedly identifies the land described in the treasurer’s deed as the land assessed and sold and in dispute, a mistake in the treasurer’s deed will not render the deed inoperative, but the question of the identity of the tract assessed is for the jury under all the evidence.</p> <p>Tax, sale — Separate assessment — Sheriff's sale — Innocent purchaser without notice.</p> <p>In an action of ejectment to try title to land which was formerly a part of tiie larger tract, the plaintiff claimed under a tax sale on a separate assessment of the land. The defendants claimed under a subsequent sheriff’s sale. In the various deeds in the line of title to the defendants, including the sheriff’s deed, the treasurer’s sale was recited, and at the sheriff’s sale public notice of plaintiff’s title was duly given. Held, that defendants could not be heard to say that they were purchasers without notice of the separate assessment and sale of the land in controversy.</p>