Campion v. Raritan Tp.

• Decision Date: 22 December 1903
• Citation: 56 A. 704
• Parties: CAMPION v. RARITAN TP. et al.
• Court: New Jersey Supreme Court

56 A. 704

CAMPION

v. RARITAN TP. et al.

Supreme Court of New Jersey.

Dec. 22, 1903.

Certiorari by Annia Campion to review a tax sale by the township of Raritan. Tax sale set aside.

Argued November term, 1903, before FORT and PITNEY, JJ.

George S. Silzer, for prosecutor.

John W. Beekman, for defendants.

PER CURIAM. The tax sale brought up in this case was illegal, and must be set aside. Taxes are a lien in the townships of this state on December 20th next after their levy, and the lien continues for a period of two years, within which time there must be a sale if the townships desire to continue the lien. Harned v. City of Camden, 66 N. J. Law, 520, 49 Atl. 1082; Bradley v. Dike, 57 N. J. Law, 472, 32 Atl. 132; Johnson v. Van Horn, 45 N. J. Law, 136; Gen. St p. 3359, § 368. The proof shows that the sale for taxes on this case was not made within the two years. It also appears that the collector's return of the tax warrant was not made within the time required by the statute. The whole proceeding appears to' have been illegal, and hence the sale is void.

The tax sale brought up is set aside, with costs.