Legal Opinion

Republic Building & Loan Ass'n v. Webb

Superior Court of Pennsylvania

Decided February 16, 1900No. Appeal, No. 187PublishedCited by 16 opinions

Appeal, No. 187, Oct. T., 1898, by plaintiff, from order of C. P. No. 2, Phila. Co., March T., 1898, No. 354, discharging rule for judgment for-want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc.

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Appeal, No. 187, Oct. T., 1898, by plaintiff, from order of C. P. No. 2, Phila. Co., March T., 1898, No. 354, discharging rule for judgment for-want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that plaintiff brought suit as sheriff’s vendee, having been previously the mortgagee, of two certain lots of ground, to recover from the defendant, the assessed owner of said premises, the taxes thereon for the years 1897 and 1898, which taxes the plaintiff as mortgagee and sheriff’s vendee,…

1Opinion of the Court

Opinion by

Rice, P. J.,

At the sheriff’s sale of the defendant’s real estate under an execution issued upon a judgment on a bond accompanying a mortgage given by her predecessor in title, the mortgagee became the purchaser at the price of $600, the mortgage debt being $2,000. During the defendant’s ownership taxes had been assessed against her amounting to $128.49, which were unpaid at the time of the sheriff’s sale, and under the statutes were first payable out of the proceeds of sale after payment of the costs of sale. After delivery of the sheriff’s deed the mortgagee brought suit against…

2Cases cited3 opinions

  1. Hogg v. LongstrethSupreme Court of Pennsylvania · 1881
  2. King v. Mount Vernon Building Assn.Supreme Court of Pennsylvania · 1884
  3. Densmore v. HaggertySupreme Court of Pennsylvania · 1868

3Cited by16 opinions

  1. Pennsylvania Co. v. BergsonSupreme Court of Pennsylvania · 1932
  2. Theobald v. SylvesterSuperior Court of Pennsylvania · 1905
  3. McGrath EstateSuperior Court of Pennsylvania · 1945
  4. Rawle v. RenshawSuperior Court of Pennsylvania · 1900
  5. Fidelity Insurance Trust & Safe Deposit Co v. Second Phoenix Building & Loan Ass'nSuperior Court of Pennsylvania · 1901

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