Philadelphia v. L. Tanner & Co.

Opinion by

Baldrige, J.,

TMs appeal is by Herman W. Sulzer and Herbert R. Sulzer, trustees under the will of Gustavus W. F. Sulzer, the intervening defendants, from the order of the court below making absolute the city’s rule for judgment for want of a sufficient affidavit of defense to a scire facias to revive a judgment recovered on a municipal lien for taxes.

A lien for 1933 taxes was originally filed against a property on April 1, 1935, naming the “Estate of Gustavus W. F. Sulzer” as owner. The city issued a scire facias October 27, 1937, directed against the “Estate of Augustavus W. F.…