Pittsburgh v. Mella

Opinion by

Gunther, J.,

City of Pittsburgh, appellee, instituted this action in assumpsit to recover the purchase price ($650) of real estate sold under a written agreement to Charles P. Mella and Anna Mella, his wife, appellants. Appellants demurred to the complaint averring that' the City’s title acquired by a tax sale in 1900 was not good and marketable or free and clear of encumbrancés. No testimony was taken; the facts were agreed upon.1 The court below overruled the demurrer and entered judgment in favor of the City of Pittsburgh. This appeal followed.

In 1870 Reineman and Dickson laid out…