Bleeker v. Bond

U.S. Circuit Court for the District of Eastern Pennsylvania

Bleeker v. Bond

3 F. Cas. 694, 4 Wash. C. C. 322

CourtU.S. Circuit Court for the District of Eastern Pennsylvania

DecidedOctober 15, 1822

StatusPublished

This text of 3 F. Cas. 694 (Bleeker v. Bond) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bleeker v. Bond, 3 F. Cas. 694, 4 Wash. C. C. 322 (circtedpa 1822).

Pincite

Opinion

WASHINGTON, Circuit Justice.

Whether taxes are by the laws of this state a lien on the property upon which they are assessed, is a question which I do not mean to decide in this case, nor is it necessary. For if they be a lien, the property chargeable with the taxes having been sold for comparatively nothing, the marshal had nothing, or in more correct language, he had but $2 out of which to discharge the lien. But whether a lien or not, he had no authority to pay the taxes due upon that property, out of funds in his hands raised by the sale of other property of the intestate under the venditioni exponas. The duty of the marshal was to pay over the money remaining in his hands, and leave the collector to resort to the administrator for the taxes due from his intestate’s estate. The marshal having improvidently paid the taxes to the collector, must look to him to refund it. Rule made absolute.

Free access — add to your briefcase to read the full text and ask questions with AI

WASHINGTON, Circuit Justice.

Whether taxes are by the laws of this state a lien on the property upon which they are assessed, is a question which I do not mean to decide in this case, nor is it necessary. For if they be a lien, the property chargeable with the taxes having been sold for comparatively nothing, the marshal had nothing, or in more correct language, he had but $2 out of which to discharge the lien. But whether a lien or not, he had no authority to pay the taxes due upon that property, out of funds in his hands raised by the sale of other property of the intestate under the venditioni exponas. The duty of the marshal was to pay over the money remaining in his hands, and leave the collector to resort to the administrator for the taxes due from his intestate’s estate. The marshal having improvidently paid the taxes to the collector, must look to him to refund it. Rule made absolute.

Cite This Page — Counsel Stack

Bluebook (online)

3 F. Cas. 694, 4 Wash. C. C. 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bleeker-v-bond-circtedpa-1822.