Pittsburg v. Magee

Citations

• 15 Pa. Super. 264
• 1900 Pa. Super. LEXIS 337

Syllabus

<p>Municipal lien — Taxes—Practice, O. P.</p> <p>The city of Pittsburg- is not entitled to a verdict and judgment in a scire facias upon a claim for taxes upon land, where in the body of the claim as filed the name of a stranger to the title is given as the owner or reputed owner, and where it is admitted on the trial that the assessment was made in his name, that the published delinquent tax list described him as the owner, and that the name of the true owner who had duly registered her title, as provided in the Act of February 24, 1871, P. L. 126,, did not appear in any way in connection with the claim or lien until the writ of scire facias was issued. It is not sufficient that the true owner be warned and given an opportunity to contest the claim, under a scii-e facias and to show any fact which would relieve his land from liability. Wolf v. Philadelphia, 105 Pa. 25, followed.</p>