Pennsylvania Act 1915-376 — TITLE TO LAND ACQUIRED AT SALE FOR TAXES, METHOD TO ESTABLISH

Act text

TITLE TO LAND ACQUIRED AT SALE FOR TAXES, METHOD TO ESTABLISH
                  Act of Jun. 4, 1915, P.L. 842, No. 376              Cl. 53
                                  AN ACT

     Providing a method of establishing title to land acquired at a
        sale for unpaid taxes or municipal claims.

        Section 1.  Be it enacted, &c., That in all cases where land
     has been heretofore sold by the sheriff on claims for unpaid
     taxes or municipal claims, under any act or acts of Assembly,
     the purchaser (including a municipality, in case it be the
     purchaser) at such sale, or his or its successor in title, may
     present his or its petition, under oath, to the court of common
     pleas of the county wherein the land is situate, setting forth:
     (a)  The location of the lands by metes and bounds, or, if it be
     in a recorded plan of lots, the plan number of the lot, and the
     place of record of the plan; (b) the names of the former owners,
     reputed owners, persons in possession, or any other person
     having, or claiming to have, a right to interest in or claim
     against said land, if any there be; and (c) that, upon diligent
     inquiry, no person has been found who has or claims to have any
     right, title, or interest in or claim against said land, unless
     it be those named in the petition. Thereupon a rule shall be
     granted upon the persons named in the petition, and, generally,
     upon all other persons, not named in the petition, who have or
     claim to have any right, title, or interest in, or claim
     against, the said land, to appear within sixty days from service
     of the rule and show cause why the title of the petitioner to
     said land should not be adjudicated and decreed valid and
     indefeasible as against all rights or claims whatsoever. The
     rule may be made returnable to such term or return day as may be
     fixed by the court, and shall be entered of record in the
     appearance docket of said court and duly indexed therein, and
     also in the ejectment index of said court. As to persons
     domiciled within the county, the rule shall be served and
     returned as writs of summons are served and returned. As to
     those persons who do not have their domicile within the county
     in which the rule is issued, or those whose domicile is outside
     the State, the rule may be served by mailing a true and attested
     copy of the petition and rule, by registered letter, to his or
     their last known address, if any.
        In addition thereto, the court shall direct that notice, by
     one advertisement in a newspaper of general circulation in the
     county where the land is situate, be given to all persons,
     including those named in the petition, to appear on or before
     the return day of the rule and show cause why the title of the
     petitioner should not be adjudicated and decreed valid and
     indefeasible as against all rights or claims whatsoever. The
     advertisement shall be made at least sixty days before the
     return day of the said rule.
        Section 2.  In case no person or persons shall appear within
     the time hereinbefore stipulated, or in case he shall appear and
     does not make answer to said rule within fifteen days after
     appearance, the court shall make the rule absolute as to all
     persons who do not appear, or answer, as the case may be.
     Thereafter all rights and claims of those against whom the rule
     is made absolute with respect to said land shall be totally
     barred, and any deficiency or defects whatever in the procedure
     whereby the land was acquired at sheriff's sale, as aforesaid,
     from the filing of the claim up to and including the actual sale
     and delivery of sheriff's deed, shall not thereafter be
     asserted; and the title of the petitioner shall be adjudicated
     and decreed valid and indefeasible as against all such persons.
     If any person or persons shall appear and make answer to said
     petition, the court shall thereupon order and decree that such
     person or persons shall begin proceedings to establish his or
     their title or interest in, or claim against, said land, within
     ninety days thereafter; and if such person or persons shall fail
     to comply with said order or decree, the court shall thereupon
     make the rule absolute, with the same force and effect as
     hereinbefore stated.
        Section 3.  The court may make such other or further orders
     or decrees in the premises as it may deem necessary or proper.
        Section 4.  The remedy herein provided is not intended as an
     exclusive method of establishing title to land acquired at a
     sheriff's sale on a tax claim or municipal claim.
        Section 5.  The provisions of this act shall not affect the
     right of redemption as now provided by law.
        Section 6.  All acts or parts of acts inconsistent with the
     provisions of this act are hereby repealed.