Philadelphia v. Mason
Superior Court of Pennsylvania
Appeals, Nos. 174 and 191, Oct. T., 1907, by plaintiff, from orders of C. P. No. 2, Phila. Co., Dec. T., 1897, No. 1,525, discharging rule for judgment for want of a sufficient affidavit of defense and in opening judgment in case of City of Philadelphia to use of the Vulcanite Paving Company v. Samuel M. Mason. Scire facias sur municipal lien. Rule for judgment for want of a sufficient affidavit of defense. Rule to open judgment.
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Appeals, Nos. 174 and 191, Oct. T., 1907, by plaintiff, from orders of C. P. No. 2, Phila. Co., Dec. T., 1897, No. 1,525, discharging rule for judgment for want of a sufficient affidavit of defense and in opening judgment in case of City of Philadelphia to use of the Vulcanite Paving Company v. Samuel M. Mason. Scire facias sur municipal lien. Rule for judgment for want of a sufficient affidavit of defense. Rule to open judgment. Wiltbank, P. J., filed the following opinion: The question raised by the defendant Morrell is exclusively of procedure, and turns upon the provisions of the acts of…
1Opinion of the Court
Opinion by
Rice, P. J.,
In February, 1898, when this municipal claim for cartway paving was filed, Samuel M. Mason was the actual and registered owner of the lot against which the claim was filed, and was so described in the claim. In January, 1899, George B. Morrell acquired title to the lot, and on the same day registered his deed in the registry bureau of Philadelphia. On March 24, 1902, the affidavit of H. S. Kenney was. filed by the city and the use plaintiff. ■ It set forth that Samuel M. Mason was then the owner or reputed owner of the lot, that he had a known residence in the city, and…
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