73 Pa. Super. 361 | Pa. Super. Ct. | 1920
Opinion by
This is an action of trespass brought by the plaintiff to recover the value of a quantity of culm or mine waste removed by the defendant from time to time from a large body of that material located on land in the Borough of Port Carbon to which land the plaintiff asserted title. The culm had been on the property for many years and
The land was seated, it could only be sold when its liability to sale was established. The law fixes the liability for tax to be, first, the personal property on the place, secondly, demand on the owner individually, and
But if the assessment were sufficiently shown, another defect in the title is the indefiniteness of the description of the property sold. The evidence shows that Frank Pott owned a tract of land many years ago which he divided into lots, 52 in number. Some of them were sold in his lifetime, but there is a lack of competent evidence as to the number of lots sold. It cannot be ascertained from the testimony therefore which the five lots were which were the subject of assessment and sale. A son of Frank Pott conveyed to the plaintiff a half interest in eight lots, including five which the plaintiff alleges were covered by the treasurer’s sale, but it is admitted that two of these had been sold long before. The grantor evidently did not know what lots he had an interest in if any title remained in him after the treasurer’s sale.
The judgment is affirmed.