Fidelity-Philadelphia Trust Co. v. Bergson

Opinion by

Mr. Justice Linn,

Plaintiff, as mortgagee-purchaser at foreclosure, sued defendant, alleging that he was “the registered owner or the real and equitable owner” from September 20, 1928, when he took title, until the sheriff’s sale on March 2, 1931, at which plaintiff purchased at a nominal bid; that defendant failed to pay the city and school taxes due to the City of Philadelphia for the years 1929, 1930 and 1931, and that plaintiff was required to pay them and became entitled to restitution. Defendant filed an affidavit of defense with averments of new matter. Plaintiff replied and…