Bergdoll v. Pitts
Superior Court of Pennsylvania
Appeal, No. 85, Oct. T., 1909, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1908, No. 5,414, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles A. Berg-doll, Guardian of Grover C. A. Bergdoll, v. Lillie H. Pitts. Assumpsit to recover taxes paid by plaintiff on real estate. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 85, Oct. T., 1909, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1908, No. 5,414, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles A. Berg-doll, Guardian of Grover C. A. Bergdoll, v. Lillie H. Pitts. Assumpsit to recover taxes paid by plaintiff on real estate. Rule for judgment for want of a sufficient affidavit of defense. Audenried, J., filed the following opinion: The plaintiff foreclosed a mortgage that he held on five lots of ground in the city of Philadelphia and bought in the property at the sheriff’s sale.…
1Opinion of the Court
Opinion by
Porter, J.,
The court below held the affidavit of defense to be insufficient as to a part of the claim of the plaintiff, and for such part entered judgment against the defendant. The opinion of Judge Audenried, which appears in the report of this case, fully vindicates the conclusion at which he arrived, and renders it unnecessary for us to refer to all the details of the allegations of defense.
*262The 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…
2Cases cited4 opinions
- Theobald v. SylvesterSuperior Court of Pennsylvania · 1905
- Neilson v. Equitable Trust Co.Superior Court of Pennsylvania · 1902
- Landreth v. McCaffreySuperior Court of Pennsylvania · 1901
- Frank v. McCrossinSuperior Court of Pennsylvania · 1907
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- Frazier v. Berg, Pennsylvania Court of Common Pleas, Philadelphia County1928
- Meyers v. Rental Income Corp., Pennsylvania Court of Common Pleas, Philadelphia County1930
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