Theobald v. Sylvester
Superior Court of Pennsylvania
Appeal, No. 77, Oct. T., 1904, by defendant, from judgment of O. P. No. 1, Pliila. Co., Dec. T., 1903, No. 3948, for plaintiff on demurrer to statement in case of Morris D. Theobald v. Frederick Sylvester. Assumpsit to recover taxes and water rent paid by plaintiff. The court entered judgment for plaintiff on demurrer. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff, on February 9, 1904, brought an action of assumpsit and filed a statement alleging that he had he]d a mortgage upon the premises No. 1827 Diamond street, in the city of Philadelphia; that the defendant had, on August 1, 1900, become the owner of said property, subject to said mortgage, and so continued until the time of' the sheriff’s sale hereinafter mentioned; that default haying been made in the payment of the mortgage, a scire facias was issued, and the property was sold by the sheriff under said proceeding on February 1,1904, the plaintiff becoming the…
2Cases cited11 opinions
- Hogg v. LongstrethSupreme Court of Pennsylvania · 1881
- McKeesport Borough v. FidlerSupreme Court of Pennsylvania · 1892
- Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
- King v. Mount Vernon Building Assn.Supreme Court of Pennsylvania · 1884
- Republic Building & Loan Ass'n v. WebbSuperior Court of Pennsylvania · 1900
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- In Re Mall at One Associates, L.P.United States Bankruptcy Court, E.D. Pennsylvania · 1995
- O'Donnell v. NeelySuperior Court of Pennsylvania · 1917
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