Integrity Trust Co. v. St. Rita B. & L. Assn.

Opinion by

Keller, J.,

This is an appeal from a judgment entered for want of a sufficient affidavit of defense. Summary judgment should not he so entered, if a substantial doubt exists as to the propriety of its entry: Gordon v. Continental Casualty Co., 311 Pa. 109, 111, 166 A. 557; Ashland Towson Corp. v. Kasunic, 110 Pa. Superior Ct. 496, 168 A. 502.

The action was brought to recover taxes assessed against premises, 5715 Chester Avenue, Philadelphia, for the years 1931 and 1932, which the plaintiff as purchaser at sheriff’s sale had been required to pay, and which defendant, as owner of the…