Hopkins v. Rettinger
Supreme Court of Pennsylvania
Appeal, No. 147, Oct. T., 1910, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 360, for defendant non obstante veredicto in case of Andrew Hopkins v. Anthony Ret-tinger. Ejectment for land in the city of Pittsburg. Before Carnahan, J. The facts are stated in the opinion of the Supreme Court. At the trial the jury returned a verdict for plaintiff. Subsequently the court entered judgment for defendant non obstante veredicto.
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Appeal, No. 147, Oct. T., 1910, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 360, for defendant non obstante veredicto in case of Andrew Hopkins v. Anthony Ret-tinger. Ejectment for land in the city of Pittsburg. Before Carnahan, J. The facts are stated in the opinion of the Supreme Court. At the trial the jury returned a verdict for plaintiff. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante veredicto. The general rule is well settled, that judicial sales of…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The controlling question is, Did a judicial sale in the city of Pittsburg in the year 1888 divest a tax lien when the proceeds of the sale were not sufficient to pay the lien in full?
The city of Pittsburg levied and assessed taxes for 1887 and 1888 on a piece of ground owned by one Dunker. Thereafter judgment d. s. b. was entered by one Porte against Dunker, and on April 2, 1888 under an execution on this judgment the property covered by the tax assessments was sold to one Lunn. The proceeds of this sale being insufficient to pay the taxes, on September 24,…
2Cases cited7 opinions
- Safe Deposit & Trust Co. v. FrickeSupreme Court of Pennsylvania · 1893
- Shaw v. City of AlleghenySupreme Court of Pennsylvania · 1887
- Eaton's AppealSupreme Court of Pennsylvania · 1877
- Allegheny City's AppealSupreme Court of Pennsylvania · 1861
- Bellevue Borough v. UmsteadSuperior Court of Pennsylvania · 1909
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3Cited by3 opinions
- Commonwealth v. Lowe Coal Co.Supreme Court of Pennsylvania · 1929
- Avalon Borough School District v. WeeksSuperior Court of Pennsylvania · 1935
- Commonwealth v. Brown, Pennsylvania Court of Common Pleas, Blair County1962