Pennsylvania Act 1905-178 — REAL ESTATE SALES FOR TAX PURPOSES - RELATING TO

Act text

REAL ESTATE SALES FOR TAX PURPOSES - RELATING TO
                 Act of Apr. 20, 1905, P.L. 239, No. 178              Cl. 68
                                  AN ACT

     Providing for and defining the rights, remedies, duties, and
        liabilities of purchasers of real estate at judicial sales,
        and of their grantees, heirs and devisees, and of the persons
        then in possession thereof.

        Compiler's Note:  Section 2(a) of Act 53 of 1978 provided
            that Act 178 is repealed except for sections 13 and 14
            which were repealed in part. Section 4(b) of Act 53 of
            1978 provided that the repeal shall take effect two years
            after the general effective date of Act 53.
        Section 13.  In the case of a tenant whose right of
     possession is not paramount to that of such purchasers, the
     latter shall be entitled to recover rent from the date of
     delivery of their deed, except for such fractional part of a
     quarter as the tenant, if a farmer or engaged in raising crops
     or produce, or such fractional part of a month in other cases,
     as the tenant may, in accordance with the terms of his letting,
     have paid as an advance payment, prior to the date of delivery
     of said deed.  In the case of a tenant whose right of possession
     is paramount to that of said purchasers, advance rent, paid
     prior to the date of delivery of petitioner's deed, shall be
     deemed properly paid, though paid prior to its due date, unless
     it is so paid with the actual notice of the pendency of the
     proceedings resulting in the sale, or with intent to defeat the
     rights of a purchaser thereat.

        Compiler's Note:  Section 2(a) of Act 53 of 1978 provided
            that section 13 is repealed insofar as it relates to
            practice and procedure in the courts of this
            Commonwealth.
        Section 14.  The right of possession of a tenant for years
     shall not be deemed paramount to that of a purchaser at a tax
     sale. The right of possession of a tenant for years shall be
     deemed paramount to that of a purchaser at a judicial sale if,
     and only if, the letting to him shall precede in point of date
     the entry of the judgment, order or decree on which such sale
     was had, and also shall precede the recording or registering of
     the mortgage, deed or will, if any, through which by legal
     proceedings the purchaser derives title, unless the letting is
     made with actual notice to such tenant of the contemplated entry
     of such judgment, order or decree, or of the fact of the
     execution of such mortgage, deed or other instrument of writing,
     and with intent to avoid the effect thereof.
        (14 amended Mar. 21, 1945, P.L.47, No.25)

        Compiler's Note:  Section 2(a) of Act 53 of 1978 provided
            that section 14 is repealed insofar as it relates to
            practice and procedure in the courts of this
            Commonwealth.