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PRICE-JEFFRIES CO. v. HARRY M. TILLMAN AND BARBARA J. TILLMAN (11/30/73)

decided: November 30, 1973.

PRICE-JEFFRIES CO., INC., APPELLANT,
v.
HARRY M. TILLMAN AND BARBARA J. TILLMAN, APPELLEES



Appeal from the Order of the Court of Common Pleas of Delaware County in case of Price-Jeffries Co., Inc. v. Harry M. Tillman & Barbara J. Tillman, their and each of their heirs, personal representatives, executors, administrators, successors and assigns and all persons having or claiming to have any right, lien, title, interest in or claim against those lots or pieces of ground herein named, No. 7348 of 1970.

COUNSEL

Alfred O. Breinig, Jr., for appellant.

O. Warren Higgins, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Rogers.

Author: Rogers

[ 11 Pa. Commw. Page 154]

Price-Jeffries Co., Inc., sued Harry M. Tillman and Barbara J. Tillman, his wife, in an Action to Quiet Title in Delaware County, seeking an order that the defendants be barred from asserting any right or interest in, and that the plaintiff be given possession of, a premises 32 Pine Street, Newtown Township. After issue joined, the case was tried before Judge Louis A. Bloom without a jury and a verdict and judgment entered in favor of the defendants. We affirm.

The plaintiff bases its claim to ownership of the property upon a treasurer's deed received after purchase at a delinquent tax sale of a premises described in the deed as "Harry M. Tillman, Add. 32 Pine Street, Newtown Township." The sale was for unpaid interim school taxes in the amount of $3.00.

Harry M. Tillman and Barbara J. Tillman, his wife, have been the owners as tenants by the entirety of a house and lot at 32 Pine Street, Newtown Square, Pa. from the time of their purchase of the property in 1955. It is their residence. The property was identified in the assessor's office of Delaware County as:

"32 Pine St NW 225 NS

Tennis Ave, 80 x 100

1 S Brk * Fr Hse"

[ 11 Pa. Commw. Page 155]

Usual tax bills were addressed to the ...


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