98 Pa. Super. 237 | Pa. Super. Ct. | 1929
Argued December 10, 1929. This action of ejectment was instituted to recover possession of two vacant lots of ground in the Township of Palmer, Northampton County.
The defendant in her amended answer, plea and abstract admits a good legal title in the plaintiffs down to June 9, 1924, when the lots were sold to the defendant at a treasurer's sale for unpaid taxes. The answer avers that the lots were sold by the plaintiffs to Anna Garren by agreement of sale in 1916, and that thereafter, in pursuance to the instructions and direction of the plaintiffs, the lots were assessed in her name; that the taxes for the year 1922 were not paid and a return was accordingly made by the tax collector, and a treasurer's sale was had on June 9, 1924; that there was no redemption thereof during the statutory period of two years, and on June 10, 1924, a treasurer's deed was executed, acknowledged and delivered to the defendant on June 19, 1926.
Plaintiffs petitioned the court for a rule on the defendant to show cause why judgment should not be entered on the pleadings in favor of the plaintiffs under the provisions of the Act of May 8, 1901, P.L. 142, as amended by the Acts of June 7, 1915, P.L. 887, and June 12, 1919, P.L. 478, as the defendant's pleadings were defective and insufficient, in that she failed to aver (a) that sufficient personal property could not be found on the land to pay the taxes, and (b) that a return had been made to the county *240 commissioners on or before the first day of February succeeding the date when the taxes were assessed, as required by the Act, approved June 1, 1915, P.L. 660.
The Act of March 13, 1815, 6 Sm. L. 301, (Purdon's Digest, 13th Edition, p. 5002), which provides that any irregularities in the manner of assessment shall not affect the title of a purchaser, did not dispense with the necessity of complying with all the statutory prerequisites to give validity to a treasurer's sale. But what are the statutory requirements? These are pointed out in the case of Norris v. D.L. W.R.R. Co.,
In City of Philadelphia v. Richards,
The provisions of the Act, approved May 8, 1901, P.L. 142, require the defendant to file an answer in the nature of a special plea, in which he "shall set forth his grounds of defense." While pleadings should set forth sufficient facts to inform the adverse party of the contention of the pleader, the law does not look with favor upon prolix pleadings, nor make it necessary to set forth the evidence relied upon; it is the "ground" of the defense that must be averred.
The lower court cites Stark v. Shupp,
We are of the opinion that the pleadings were adequate in this case and that the learned court fell into error in sustaining the plaintiffs' motion.
Judgment is reversed and a procedendo is awarded.