Legal Opinion

Taylor v. Allen

Superior Court of Pennsylvania

Decided July 21, 1915No. Appeal, No. 43PublishedCited by 8 opinions

Appeal, No. 43, April T., 1915, by defendant, from order of C. P. Allegheny Co., Jan. T., 1910, No. 105, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Elizabeth A. Taylor v. L. M. Allen. Assumpsit on a general warranty. Before Ford, J. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 43, April T., 1915, by defendant, from order of C. P. Allegheny Co., Jan. T., 1910, No. 105, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Elizabeth A. Taylor v. L. M. Allen. Assumpsit on a general warranty. Before Ford, J. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense. The tax liens complained of in this suit were not caused or suffered by the grantor, the defendant, but were existing prior to the inception of his…

1Opinion of the Court

Opinion by

Henderson, J.,

This is an appeal from the action of the court below in entering judgment for want of a sufficient affidavit of defense. The defendant conveyed to the plaintiff by deed of general warranty dated October 14,1899, a piece of land situated in the City of McKeesport. The deed contained the usual words “Grant, bargain and sell” and the action was brought on the covenant against encumbrances given to these words by the Act of 1715. School and city taxes were assessed against the lot for the years 1897 and 1898, the latter tax having been assessed a short time before the…

2Cases cited3 opinions

  1. Memmert v. McKeenSupreme Court of Pennsylvania · 1886
  2. Lafferty v. MilliganSupreme Court of Pennsylvania · 1895
  3. Large v. McClainSupreme Court of Pennsylvania · 1886

3Cited by8 opinions

  1. Zurich General Accident & Liability Insurance v. KleinSuperior Court of Pennsylvania · 1956
  2. Ritter v. HillSupreme Court of Pennsylvania · 1924
  3. Miners Sav. Bank of Pittston, Pa. v. United StatesDistrict Court, E.D. Pennsylvania · 1953
  4. Barlett v. Beverly School Land Co.Superior Court of Pennsylvania · 1952
  5. Litmans v. O'DONNELLSuperior Court of Pennsylvania · 1953

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