Opinion

Sabatine v. Commonwealth

  • 497 Pa. 453
  • 442 A.2d 210
  • 1981 Pa. LEXIS 964
Court
Supreme Court of Pennsylvania
Filed
Sep 24, 1981
Status
Published
Author
Roberts
On the bench
Flaherty, Kauffman, Larsen, Nix, O'Brien, Roberts, Wilkinson
Cited by
27 cases
Authority
More cited than 8.6%

holding that a consent decree may be modified due to fraud, accident, or mistake

How later courts described this case

  • holding that a consent decree may be modified due to fraud, accident, or mistake
  • “The parties’ agreement that the original conveyance was invalid had absolutely no legal weight in any other proceeding, other than as proof that they did so agree and would therefore be bound as between themselves.”

Written by the judges who cited it.

The opinion

ROBERTS, Judge,

concurring.

As this Court stated in Baehr Bros. v. Commonwealth, 487 Pa. 233, 237 , 409 A.2d 326, 328 (1979), “[t]he Realty Transfer Tax Act . .. imposes a tax on the recordation of any document which effects a transfer of an interest in land.” (Emphasis in original). Here, real estate was conveyed by *460 deed to appellants Anthony and Victoria Sabatine, the deed was recorded, the realty transfer tax was paid to the Commonwealth, and the Sabatines assumed ownership of the property. Although I agree completely with the result reached by the majority, I am of the view that no amount of subsequent evidence that the conveyance was “void ab initio ” could change the fact that the transfer tax was properly payable at the time the deed was presented for recordation. Where, as here, a party who has properly paid a realty transfer tax at the time of recordation wishes later to recoup the amount paid, his recourse, if any, lies not against the Commonwealth but in his contractual rights.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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