Frank v. Neill
Superior Court of Pennsylvania
Appeal, No. 276, Oct. T., 1909, by defendant, from order of C. P. No. 2, Phila Co., Dec. T., 1908, No. 414, making absolute rule for judgment, for want of a sufficient affidavit of defense, in case of Philip Frank v. Matilda Neill. Assumpsit to recover taxes paid by plaintiff. The opinion of the Superior Court states the case. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Per Curiam,
The plaintiff, being the owner of certain ground rents, brought suits and obtained judgments against the original covenantor and the defendant, the real owner of the land, for arrearages and for the principal thereof under a clause of the ground rent deeds, wherein the grantee of the land, covenanted for himself, his heirs and assigns, to pay the principal sum in redemption of the ground rent at the expiration of five years, and in default of said payment that the said sum should be forthwith recoverable with all the arrears of rent, “and be first payable out of the proceeds of the…
2Cases cited5 opinions
- Hogg v. LongstrethSupreme Court of Pennsylvania · 1881
- Theobald v. SylvesterSuperior Court of Pennsylvania · 1905
- Republic Building & Loan Ass'n v. WebbSuperior Court of Pennsylvania · 1900
- Presbyterian Ministers' Fund v. FolzSuperior Court of Pennsylvania · 1909
- Frank v. McCrossinSuperior Court of Pennsylvania · 1907
3Cited by4 opinions
- First National Bank of Ashley v. ReilySuperior Court of Pennsylvania · 1949
- Storey v. LonabaughSupreme Court of Pennsylvania · 1915
- Guerrein v. Pelham Electric Manufacturing Corp., Pennsylvania Court of Common Pleas, Erie County1954
- In re Glenside Bank & Trust Co, Pennsylvania Court of Common Pleas, Montgomery County1938