Presbyterian Ministers' Fund v. Folz
Superior Court of Pennsylvania
Appeal, No. 100, Oct. T., 1909, by-defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1908, No. 4,723, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Presbyterian Ministers’ Fund v. Leon H. Folz. Assumpsit to recover taxes paid by plaintiff to protect his title. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 100, Oct. T., 1909, by-defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1908, No. 4,723, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Presbyterian Ministers’ Fund v. Leon H. Folz. Assumpsit to recover taxes paid by plaintiff to protect his title. Rule for judgment for want of a sufficient affidavit of defense. Audenried, J., filed the following opinion: The plaintiff in this case caused the sheriff to sell a property, known as No. 1241 Markoe street, in the city of Philadelphia, under execution on a judgment for $75.90 that…
1Opinion of the Court
Per Curiam,
The facts of this case are fully and clearly set forth in the able opinion filed by the learned judge of the common pleas, *308and we shall not undertake to restate them. It was held in Frank v. McCrossin, 33 Pa. Superior Ct. 93, applying the principle of Hogg v. Longstreth, 97 Pa. 255; Republic B. & L. Assn. v. Webb, 12 Pa. Superior Ct. 545; Theobald v. Sylvester, 27 Pa. Superior Ct. 362, and kindred cases, that where an owner of land charged with a ground rent fails to pay the taxes assessed on the land, and subsequently'defaults on the ground rent, and the owner of the ground rent…
2Cases cited7 opinions
- Hogg v. LongstrethSupreme Court of Pennsylvania · 1881
- Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
- Theobald v. SylvesterSuperior Court of Pennsylvania · 1905
- Republic Building & Loan Ass'n v. WebbSuperior Court of Pennsylvania · 1900
- Caldwell v. MooreSupreme Court of Pennsylvania · 1849
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3Cited by5 opinions
- Jacobs's Trust EstateSupreme Court of Pennsylvania · 1936
- Fidelity-Philadelphia Trust Co. v. BergsonSupreme Court of Pennsylvania · 1938
- Edwin Forrest Home v. ShattuckSuperior Court of Pennsylvania · 1916
- Frank v. NeillSuperior Court of Pennsylvania · 1910
- United Security Title Insurance v. MoskowitzSuperior Court of Pennsylvania · 1928