Landreth v. McCaffrey
Superior Court of Pennsylvania
Appeal, No. 216, Oct. T., 1900, by plaintiff, from judgment of C. P. No. 4, Phila. Co., MarchT., 1899, No. 171, on verdict for plaintiff in case of Annie B. Landreth v. Henry S. McCaffrey. Assumpsit to recover taxes paid by mortgagee. The court refused binding instructions for plaintiff. The jury returned a verdict for plaintiff for $1,043.29, which did not include the taxes for the year 1898. Judgment was entered on the verdict.
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Appeal, No. 216, Oct. T., 1900, by plaintiff, from judgment of C. P. No. 4, Phila. Co., MarchT., 1899, No. 171, on verdict for plaintiff in case of Annie B. Landreth v. Henry S. McCaffrey. Assumpsit to recover taxes paid by mortgagee. The court refused binding instructions for plaintiff. The jury returned a verdict for plaintiff for $1,043.29, which did not include the taxes for the year 1898. Judgment was entered on the verdict. Error assigned was in not giving binding instructions for the plaintiff for the whole amount claimed.
1Opinion of the Court
Opinion by
W. D, Porter, J.,
The plaintiff was the holder of certain mortgages, dated August 1, 1895, executed by George W. Howard, upon a number of properties on the east side of Eighteenth street in the city of Philadelphia. Howard conveyed the property to Charles L. Davy, who in turn conveyed, on September 22, 1896, to the defendant. The deed to the defendant was duly registered and he continued to be the registered owner down to July 16, 1-898, and during the whole of said period he was in the actual possession of the property and collected the rents and profits. 'The defendant failed to…
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