Fell v. Johnston Et Ux.

Opinion by

Hirt, J.,

Defendants bought land in Philadelphia in 1925 subject to a mortgage. On defendants’ default in the terms of payment, plaintiff, the holder of the mortgage, foreclosed and bid in the property at sheriff’s sale on January 4, 1937. Defendants while owners had failed to pay city and school taxes assessed against the land for eight consecutive years beginning with 1930; plaintiff was obliged to pay all of these taxes when he bid in the property. He then brought this action in assumpsit against defendants for reimbursement and obtained a judgment against them for $975.61.…