Fidelity Insurance Trust & Safe Deposit Co v. Second Phoenix Building & Loan Ass'n
Superior Court of Pennsylvania
Appeal, No. 237, Oct. T., 1900, by defendant, from orders of C. P. No. 1, Phila. Co., June T., 1900, No. 162, entering judgment on demurrer and refusing to open judgment in case of Fidelity Insurance Trust and Safe Deposit Company, Trustee for Gertrude Abbott, under will of Redman Abbott, Deceased, v. Second Phoenix Building and Loan Association. Assumpsit to recover taxes paid by mortgagee. From the record it appeared that the defendant filed a demurrer to the statement.
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Appeal, No. 237, Oct. T., 1900, by defendant, from orders of C. P. No. 1, Phila. Co., June T., 1900, No. 162, entering judgment on demurrer and refusing to open judgment in case of Fidelity Insurance Trust and Safe Deposit Company, Trustee for Gertrude Abbott, under will of Redman Abbott, Deceased, v. Second Phoenix Building and Loan Association. Assumpsit to recover taxes paid by mortgagee. From the record it appeared that the defendant filed a demurrer to the statement. The demurrer was overruled and judgment entered in favor of the plaintiffs. Thereafter the defendant obtained a rule to…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
This action was in assumpsit and the declaration alleged, giving details of fact and circumstance, that, from December 11, 1895, to April 18, 1900, the plaintiff was the mortgagee of two lots of ground fronting on South Fifth street, in the city of Philadelphia, under two duly recorded mortgages; that on March 22, 1897, the owner of the land at the instance of the defendant, by deed absolute upon its face conveyed said lots to Leon H. Foltz; that the title of Foltz was a mere dry trust for the use of the defendant; that the defendant at once took possession of the…
2Cases cited6 opinions
- Hogg v. LongstrethSupreme Court of Pennsylvania · 1881
- Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
- King v. Mount Vernon Building Assn.Supreme Court of Pennsylvania · 1884
- Rawle v. RenshawSuperior Court of Pennsylvania · 1900
- Republic Building & Loan Ass'n v. WebbSuperior Court of Pennsylvania · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Theobald v. SylvesterSuperior Court of Pennsylvania · 1905
- Bryn Mawr College Trustees v. Gold Building & Loan Ass'nSuperior Court of Pennsylvania · 1935
- White v. First Nat. Bank of EmporiumDistrict Court, M.D. Pennsylvania · 1938
- Kimball v. McGowanSupreme Court of Rhode Island · 1940
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