Clapp v. Heiner

SCHOONMAKER, District Judge.

This is an action to recover taxes for the years 1924 and 1925, alleged to. have been erroneously assessed and collected. A jury trial was waived, and the ease was heard on statement of claim and affidavit of defense. There were no disputed facts. The essential facts necessary to pass on the questions at issue may be stated as follows:

*507On March 12,1917, the plaintiff, by three separate deeds of trust, conveyed certain shares of the capital stock of the Aluminum Company of America to the Union Trust Company of Pittsburgh, to collect income thereon and pay the same,…