Legal Opinion

Philadelphia v. Anderson

Pennsylvania Court of Common Pleas, Philadelphia County

Decided May 18, 1891No. 139PublishedCited by 15 opinions

No. 139 January Term 1891, Sup. Ct.; court below, No. 62 June Term 1880, M. L. D., C. P. No. 3. On April 9, 1885, the city of Philadelphia brought scire facias against H. R. Anderson, owner, etc., and John Baxter, registered owner, upon a municipal claim for the taxes of the year 1875, filed against a certain lot of ground on Indiana street, Philadelphia, on June 10, 1880. Defendant Baxter pleaded non-assumpsit, payment, payment with leave and set-off.

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No. 139 January Term 1891, Sup. Ct.; court below, No. 62 June Term 1880, M. L. D., C. P. No. 3. On April 9, 1885, the city of Philadelphia brought scire facias against H. R. Anderson, owner, etc., and John Baxter, registered owner, upon a municipal claim for the taxes of the year 1875, filed against a certain lot of ground on Indiana street, Philadelphia, on June 10, 1880. Defendant Baxter pleaded non-assumpsit, payment, payment with leave and set-off. At the trial, on January 16, 1890, the plaintiff having made out a prima facie case, the defendant put in evidence conveyances showing that on…

1Opinion of the Court

Opinion,

Mr. Justice Williams:

In the recent case of Crouse v. Murphy, 140 Pa. 335, in which an opinion was filed at the present term, we had occasion to note the evident purpose pervading the legislation of this state to protect bona-fide purchasers of real estate against unrecorded liens and encumbrances. The same general subject is brought to our attention from a different stand-point by *365the facts now before us. These are that Baxter purchased in 1878 a house and lot on the south side of Indiana street, in the Twenty-eighth ward of the city of Philadelphia, from one F. C. Paxson. His…

2Cases cited3 opinions

  1. Crouse v. MurphySupreme Court of Pennsylvania · 1891
  2. Ziegler v. CommonwealthSupreme Court of Pennsylvania · 1849
  3. Alcorn v. City of PhiladelphiaSupreme Court of Pennsylvania · 1863

3Cited by15 opinions

  1. Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
  2. City of San Angelo v. DeutschTexas Supreme Court · 1936
  3. Chester Extended Care Center v. CommonwealthSupreme Court of Pennsylvania · 1991
  4. Ervin v. PittsburghSupreme Court of Pennsylvania · 1940
  5. Selig v. Philadelphia Title InsuranceSupreme Court of Pennsylvania · 1955

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