Williams v. Graver
Supreme Court of Pennsylvania
Appeal, No. 118, Jan. T., 1892, by-Andrew J. Loecber, terre tenant, from judgment of C. P. No. 1, Phila. Co., March T., 1892, No. 633, against Aaron G. Graver, defendant, with notice to Andrew J. Loecber, terre tenant, sci. fa. sur mortgage. Sci. fa. sur mortgage for state tax.
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Appeal, No. 118, Jan. T., 1892, by-Andrew J. Loecber, terre tenant, from judgment of C. P. No. 1, Phila. Co., March T., 1892, No. 633, against Aaron G. Graver, defendant, with notice to Andrew J. Loecber, terre tenant, sci. fa. sur mortgage. Sci. fa. sur mortgage for state tax. The following facts appear from the record: On April 2,1892, plaintiff, as assignee of Joseph S. Keen, caused a writ of scire facias sur mortgage to issue out of the court below, reciting an indenture of mortgage dated March 20, 1878, and given by defendant to Joseph S. Keen to secure the payment to said mortgagee, his…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
We think the affidavit of defence in this case was insufficient. The appellant here is the terre tenant of the property bound by the mortgage in question. The said mortgage contains a provision that, in addition to the interest, all sums which might be assessed by or under the laws of this commonwealth for taxes upon the loan secured by said mortgage, should be paid by the mortgagor. This provision could have been seen by the appellant if he had examined the mortgage prior to his purchase of the property. There is nothing to show that he made such…
2Cited by2 opinions
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