Iron City Tool Works, Ltd. v. Long
Supreme Court of Pennsylvania
'Argued October 27, 1886, before Gordon, Trunkey, Stebbett, Green, and Clark, JJ. October Term, 1886, No. 110, W. D. Error to Common Pleas No. 2 of Allegheny County to review a judgment on a verdict for plaintiff, in an action of -assumpsit to recover taxes paid.
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'Argued October 27, 1886, before Gordon, Trunkey, Stebbett, Green, and Clark, JJ. October Term, 1886, No. 110, W. D. Error to Common Pleas No. 2 of Allegheny County to review a judgment on a verdict for plaintiff, in an action of -assumpsit to recover taxes paid. The facts appear by the following charge of the court by IEwing, P. J.: “The plaintiffs have sued the defendant to recover $14.14, which they say they paid as taxes on the property of the dc-fendant, in March,' 1883, and which they claim should be repaid them. The defense is that it was a voluntary payment, and therefore the…
1Opinion of the Court
Opinion by
Mr. Justice Sterbett :
As lessee of the Denny estate, plaintiff in error occupied one half of the lot, comer of Spruce alley and Thirty-Second street, Pittsburgh, and defendants as lessees of same estate occupied the other half of the lot. Under the terms of their respective leases, each tenant was bound to pay all the taxes assessed on his portion of the lot. No notice having been taken of the division of the lot by leasing portions thereof to different tenants, it was assessed as a whole, in connection with the adjoining lot, for city taxes of 1883, in the name of Park, Long &…
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