Olyphant Borough v. Egreski

Citations

• 29 Pa. Super. 116
• 1905 Pa. Super. LEXIS 274

Syllabus

<p>Municipal lien — Scire facias — Judgment—Opening judgment — Terre-tenant.</p> <p>Where a judgment has been entered on a municipal lien in default of an affidavit of defense without notice to the terre-tenant, the terre-tenant has a right to intervene, and to show on a rule to open the judgment that the municipal lien had been discharged by a sheriff’s sale which occurred before the terre-tenant took title.</p> <p>Municipal lien — Mortgage—Sheriff’s sale — Discharge—Acts of April 23, 1889, P. L. 44, May 16, 1891, P. L. 69, and July 26, 1897, P. L. 420.</p> <p>A municipal lien filed on September 1, 1899, under the Act of April 23, 1889, P. L. 44, and subject to the provisions of the Acts of May 16, 1891, P. L. 69, and July 26, 1897, P. L. 420, is discharged by a sheriff’s sale made prior to the passage of the Act of June 4, 1901, P. L. 364, where it appears that the fund produced by the sale was more than sufficient to pay the lien in full; and this is the case although the fund by mistake was applied to a mortgage and judgment prior in date to the lien.</p> <p>Municipal lien — Constitutional law — Obligation of contract — Act of May 16, 1891, P. L. 69.</p> <p>The Act of May 16, 1891, P. L. 69, saving a municipal lién from discharge by a sheriff’s sale is constitutional.</p> <p>The imposition of local assessments for local benefits is an exercise of the power of taxation, vested in the state as a sovereign. The state has the power to tax lands, and exact the full payment of the tax, without regard to the manner in which private interests may thereby be affected. The fact that the security of the mortgage may be diminished because the land is lawfully subjected to a tax for public purposes does not impair the obligation of his contract within the meaning of the constitution.</p>