Pennsylvania Co. v. Brookline B. & L. Ass'n

Ervin, J.,

This is a suit in assumpsit wherein plaintiffs seek to recover from defendant the sum of $251.69, being taxes paid while plaintiffs were mortgagees in possession of property, the title to which was in defendant. All the facts are set forth in a case stated. Briefly they are as follows:

*305The mortgagees took possession of the mortgaged premises on February 20,1939, because of a default in the terms of the mortgage, and collected all rentals from then on until the foreclosure of the mortgage on the property was completed, the sheriff’s sale having occurred November 2, 1940, at which sale…