Rupert v. Delp

Citations

• 7 Pa. Super. 209
• 1898 Pa. Super. LEXIS 270

Syllabus

<p>Tax title — Ejectment—Treasurer's responsibility for nonpayment — Question for jury.</p> <p>The question whether the neglect to pay taxes was due to the agent of the owner or to the treasurer is not immaterial in a suit to recover on a tax title after expiration of five years and where the evidence leaves this question in doubt the question is for the jury.</p> <p>Question for jury — Tax tille — Rebuttal of — Rresumption of regularity.</p> <p>The presumption of regularity in a treasurer’s sale of land for taxes may be rebutted and when there is evidence in the case tending to rebut such presumption the question is for the jury.</p> <p>Ejectment— Tax title — Statute of limitations — Proof of requisites.</p> <p>Where ejectment is brought under a tax title more than five years after the sale, the plaintiff, in order to recover must show the requisites declared by the Act of April 3, 1801-, i Sm. L. 200.</p> <p>Ejectment — Tax title — Evidence—Proof of surplus bond required.</p> <p>One of the requisites or indispensable elements of a good title under a treasurer’s sale, where the land sold for a sum greater than taxes and costs, is a surplus bond.</p>