Ault v. Adamson
Superior Court of Pennsylvania
Appeal, No. 357, Oct. T., 1916, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., June T., 1916, No. 1052, discharging rule for judgment for want of a sufficient affidavit of defense in case of James M. Ault, to the use of Joseph G. Dunn, trading as Dunn and Landers, to the use of John F. Proper, v. Betsy Adamson. Assumpsit to recover taxes which plaintiff was forced to pay. The opinion of the Superior Court states the case.
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Appeal, No. 357, Oct. T., 1916, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., June T., 1916, No. 1052, discharging rule for judgment for want of a sufficient affidavit of defense in case of James M. Ault, to the use of Joseph G. Dunn, trading as Dunn and Landers, to the use of John F. Proper, v. Betsy Adamson. Assumpsit to recover taxes which plaintiff was forced to pay. The opinion of the Superior Court states the case. Error assigned, was the order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Trexler, J.,
The defendant being the owner of certain land, failed to pay the taxes assessed upon it. The use-plaintiff was compelled to pay them by reason of the fact that he had previously purchased the timber upon the property, and both it and other personal property on the premises, owned by him were threatened by liability for unpaid taxes. This suit was brought against the owner to collect the amount of taxes so paid. The defendant filed an affidavit of defense in the nature of a demurrer under the 20th Section of the Act of May 14, 1915, P. L. 481, and afterward the court…
2Cases cited7 opinions
- Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
- Rittenhouse v. LeveringSupreme Court of Pennsylvania · 1843
- Mosier's AppealSupreme Court of Pennsylvania · 1868
- Fink v. MahaffySupreme Court of Pennsylvania · 1839
- Wickersham v. RussellSupreme Court of Pennsylvania · 1865
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- Hampton v. Congress Building & Loan Ass'nSupreme Court of Pennsylvania · 1930
- First National Bank of Ashley v. ReilySuperior Court of Pennsylvania · 1949
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- Payne v. Standard Acc. Ins. Co.Court of Appeals of Kentucky · 1952
- Monaca Borough School District v. Jones & Laughlin Steel Corp., Pennsylvania Court of Common Pleas, Beaver County1943
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