White v. First Nat. Bank of Emporium

JOHNSON, District Judge.

This is an action by the trustee of a mortgage to recover the amount of taxes *294assessed upon the mortgaged premises during the period of ownership of the property by the First National Bank of Emporium, and paid out of the proceeds of the foreclosure sale.

The defendant filed an affidavit of defense raising questions of law and, after argument, the court filed an opinion, D. C., 24 F.Supp. 290, deciding the legal questions raised in favor of the plaintiff and holding that as a matter of law the plaintiff was entitled to judgment for the amount of the taxes in question.…