Metropolitan Bond Co. v. Atlas Paste Co.

Cercone, J.,

The issue before the court is whether Western Pennsylvania National Bank, purchaser of real property at an execution sale held on December 4, 1961, or the receiver, appointed December 29,1961, of Atlas Paste Company, Inc., tenant in possession, is entitled to (1) Rents collected from the property; and/or (2) possession of the real estate.

The parties to this litigation have stipulated to the following facts:

David Rubenstein and his wife, Rose, were the owners of real estate having erected thereon a six-story building. The property is located in the City of Pittsburgh. On June 1,…