Freeman v. Cornwell

Supreme Court of Pennsylvania October 29, 1888

Freeman v. Cornwell, 2 Monag. 500 (Pa. 1888)

15 A. 873; 1888 Pa. LEXIS 804

Opinion of the Court

Per Curiam,

From the facts, as found by the learned judge, we are not prepared to say that his conclusion and judgment were wrong. We cannot reverse if the facts were such as warranted their submission to a jury, had the case not been withdrawn from that body by the submission of the parties. That they must have been so submitted, we have no doubt; hence, as the judge of the common pleas was, by that submission, substituted for the jury, we cannot reverse unless his conclusions were clearly unwarranted by the evidence. As this is not the case, as there was proof to show the misleading character of the assessments by which Bonner may have been deceived, nothing remains for us but an affirmance of the judgment.

The judgment is affirmed.

Reference

Status: Published
Syllabus: In a trial by a judge without ajury, the judgment will not be reversed in a case where the evidence to support the findings of the court would have been sufficient to sustain a verdict had the case been tried by. ajury. A sale of land for taxes is void where the owner of the land went to the county treasurer’s office in good faith for the purpose of paying the taxes on the land, and used reasonable diligence to ascertain and pay them, and failed to do so by reason of the owner being actually misled by the assessment and the treasurer’s advertised list of sales of unseated land. It is not a neglect to use reasonable diligence to pay taxes where the owner called at the treasurer’s office and gave him a list of the lands designated by warrant numbers, but not the number of acres, etc.