Neilson v. Equitable Trust Co.
Superior Court of Pennsylvania
Appeal, No. 88, Oct. T., 1900, by defendant, from order of C. P. No. 1, Pbila. Co., Sept. T., 1901, No. 727, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of Emily L. Neilson v. The Equitable Trust Company. Assumpsit to recover taxes which plaintiff was compelled to pay.
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Appeal, No. 88, Oct. T., 1900, by defendant, from order of C. P. No. 1, Pbila. Co., Sept. T., 1901, No. 727, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of Emily L. Neilson v. The Equitable Trust Company. Assumpsit to recover taxes which plaintiff was compelled to pay. Defendant filed the following affidavit of defense: In August, 1897, M. P. Wells and Edwin P. Young, copartners, trading as M. P. Wells & Company, entered into an agreement with one Angus S. Wade to erect certain houses on the north side of Girard avenue, west of Forty-second…
1Opinion of the Court
Opinion by
W. D. Porter,
The affidavit of defense does not deny that, at the time the taxes in question were assessed and became a charge upon the land, the title as registered and recorded showed the defendant to be the owner of an absolute estate in fee simple in the said land; it is not denied that the taxes were properly assessed in the name of the defendant, nor that the plaintiff was subsequently .compelled to pay them. These facts established a prima facie right in the plaintiff to be reimbursed by the defendant for the payment so made: Caldwell v. Moore, 11 Pa. 58; Hogg v. Longstreth,…
2Cases cited6 opinions
- Hogg v. LongstrethSupreme Court of Pennsylvania · 1881
- Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
- King v. Mount Vernon Building Assn.Supreme Court of Pennsylvania · 1884
- Rawle v. RenshawSuperior Court of Pennsylvania · 1900
- Caldwell v. MooreSupreme Court of Pennsylvania · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pennsylvania Co. v. BergsonSupreme Court of Pennsylvania · 1932
- Bergdoll v. PittsSuperior Court of Pennsylvania · 1909
- Meyers v. Rental Income Corp.Superior Court of Pennsylvania · 1930
- Carbone v. Stockholders Realty Co.Pennylvania Municipal Court, Philadelphia County · 1931
- Fidelity-Philadelphia Tr. Co. v. Bankers Tr. Co.Superior Court of Pennsylvania · 1931
1 more not listed; retrieve them via the Exa API.