Northern Tr. Co., Trustee v. Kahn

Opinion by

Keller, P. J.,

The facts in this case were concisely stated by Judge Lewis, the trial judge, sitting without a jury, in his findings, as follows :

“This is an action in assumpsit for the recovery of taxes. The plaintiff was the holder of a mortgage secured upon premises 1419 North Broad Street, of which property the defendant was the real owner. The plaintiff as mortgagee took possession of the premises in July of 1941, and received the rents therefrom due July 1, 1941, and thereafter. Foreclosure proceedings were instituted in Court of Common Pleas No. 1 as of September Term 1941,…