Philadelphia v. Black
Superior Court of Pennsylvania
Appeal, No. 129, Oct. T., 1915, by plaintiff, from judgment of O. P. No. 2, Philadelphia Co., Dec. T., 1912, No. 5242, for defendants non obstante veredicto in case of City of Philadelphia, to use of Ferdinand D. Fleming, v. Hugh Black and the Title Guaranty and Surety Company. Assumpsit for a loss alleged to have been sustained by reason of an inaccurate tax search.
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Appeal, No. 129, Oct. T., 1915, by plaintiff, from judgment of O. P. No. 2, Philadelphia Co., Dec. T., 1912, No. 5242, for defendants non obstante veredicto in case of City of Philadelphia, to use of Ferdinand D. Fleming, v. Hugh Black and the Title Guaranty and Surety Company. Assumpsit for a loss alleged to have been sustained by reason of an inaccurate tax search. Staples, P. J., specially presiding stated the facts to be as follows: The use-plaintiff, Ferdinand D. Fleming, purchased a mortgage covering premises No. 2223 North Thirteenth street, upon which foreclosure proceedings had been…
1Opinion of the Court
Opinion by
Kepi-iart, J.,
This action is based on the provisions of the Act of April 13,1872, P. L. 1140, to recover from the receiver of taxes of the City of Philadelphia for loss and damage sustained by giving an incorrect certificate of search, whereby the plaintiff purchased a mortgage against a property and afterwards found taxes against the mortgaged property not included in the certificate, and which the plaintiff, after becoming the owner of the property, subsequently paid. * In Philadelphia v. Anderson, 142 Pa. 357, the receiver of taxes having given to the purchaser of land a…