A Digest of Cases Decided By the Supreme Court of Pennsylvania, As Reported From 3d Wright to 5th P. F. Smith, Inclusive [1861-1867] With Table of Titles And Table of Cases
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1. A devise to two "for their natural lives and after their decease to their heirs (if any they have)" creates not a joint tenancy, but a tenancy in common. Seely v. Seely, 8 Wr. 434. XVI. Op tax sales— Tax titles — Outstanding titles op redemption — Limitation. 1. The payment by one heir of his portion of redemption money, not for others but for himself, if he has previously convoyed his title, can avail nothing to his vendee. Chadwick v. Phelps, 9 Wr. 106. 2. The five years limitation in the ...Act of 1804 has no operation against a sub- sequent tax title. It is only applicable to the holder of the prior title. Chad- wick V. Phelp.^, 9 Wr. 113. 8. A sale in 1838, lor taxes in 1807, is void. McLaughlin v. Kuin, 9 Wr. 113. 4. The Act of 1804 (limiting the time for recovering land sold for taxes to five years) cannot avail a plaintiff who has never been in possession, and a former owner may defend although more than five years have elapsed. Alexander v. Bush, 10 Wr. 62. 5. Where land sold for taxes brings more than the taxes and costs, a bond for the surplus is indispensable to the validity of the title.
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