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8 Watts 548

Murray v. Guilford

Supreme Court of Pennsylvania

Decided September 15, 1839

Supreme Court of Pennsylvania · decided 1839-09-15

The executors of D. L. Murray against Robert Guilford. This was an action of ejectment for a tract of land. The plaintiffs gave in evidence a patent to their testator for the land. The defendant claimed, under a treasurer’s deed, in pursuance of a sale for the payment of taxes. He gave in evidence an assessment made in the fall of 1818, for the tax of 1S19; county tax 91 cents, and road tax 2 dollars 35 cents. It was sold for these taxes in June, 1822.

Decided 1839-09-15

¶1The opinion of the Court was delivered by

Rogers, J.

¶2For the reasons given by Mr Justice Grier, we are of opinion the judgment should be affirmed on the first point. ' The case cannot be distinguished from Robinson v. Williams, 6 Watts 281. Although the collector might have received the unpaid tax from the tenant who, after its assessment, occupied the land, yet he had no authority to compel payment, as a tax assessed on unseated land is a lien on the land alone, and is not a personal eharge against the owner or his tenant. The distinction, therefore, on which the plaintiff in error relies, that the collector had not made his return before it became a seated tract, can not avail her. This is a very hard case, it is true, but not more so than Robinson v. Williams. It is not for us to make, but to expound the law, and there is nothing which conduces more to the safety and prosperity of our citizens than a steady and uniform adherence to adjudged cases, which are the landmarks of the law.

¶3As this disposes of the whole case, we decline noticing the second point.

¶4Judgment affirmed.

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