Commonwealth v. DuPont Land Co.
Supreme Court of Pennsylvania
Appeal, No. 5, May Term, 1916, by plaintiff, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1913, No. 94, for defendant on appeal from the settlement of a tax by the Auditor General and the State Treasurer, in case of Commonwealth of Pennsylvania v. Dupont Land Company. Appeal from tax settlement.
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Appeal, No. 5, May Term, 1916, by plaintiff, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1913, No. 94, for defendant on appeal from the settlement of a tax by the Auditor General and the State Treasurer, in case of Commonwealth of Pennsylvania v. Dupont Land Company. Appeal from tax settlement. Kunkel, P. J., filed the following opinion: The Commonwealth has settled this account against the defendant company for the loans tax for the year 1911. The case has been submitted to us for trial without a jury pursuant to the Act of April 22, 1874, P. L. 109. We find the facts to be as…
1Opinion of the Court
Per Curiam,
What the Commonwealth would collect from the Dupont Land Company is a tax on mortgages and accompanying bonds given by the company’s grantor to various mortgagees. In each of the deeds to it for the lands so encumbered by him there is a stipulation that it “assumes and agrees to' pay” the principal and interest of the mortgage indebtedness. The learned president judge of the court below clearly demonstrates that this stipulation in the deeds accepted by the company did not make the mortgages for which the respective properties were encumbered indebtedness of the company within the…
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