Philadelphia v. Schaefer

Citations

• 269 Pa. 550
• 112 A. 864
• 1921 Pa. LEXIS 609

Syllabus

<p>Tax sales — Redemption—Reconveyance—Act of June A 1901, P. L. S61p — Denial of title — Question for court — Lack of interest or consideration.</p> <p>1. The privilege of redemption of land sold for taxes has always been liberally construed in Pennsylvania under tax sales acts.</p> <p>2. Where a petitioner for a reconveyance of real estate sold at a tax sale, avers that he was the owner in fee of the land before the sale, and sets forth, in his petition, the place of record of the deed to himself, an answer is insufficient which denies the petitioner’s ownership in general terms, and avers that the deed obtained by him was without a valuable consideration and not executed in good faith. The grantor alone was interested in the consideration.</p> <p>3. An averment of petitioner’s lack of interest in the land, if supported by facts set forth, would make necessary the determination of the question by the court.</p> <p>Practice, G. P. — Pleadings—Reference to place of record of deed —Evidence—Act of May 1J¡., 1915, P. L. J^88 — Buies of court of Philadelphia County.</p> <p>4. Under the rules of court of Philadelphia County, and the Practice Act of May 14, 1915, P. L. 483, reference to the place of record of documents, in a pleading, is sufficient without setting forth in full the instrument in question.</p>