Caplan v. Pittsburgh

Opinion by

Mr. Justice Allen M. Stearns,

This is an action to quiet title to real estate under the provisions of Rule 1061 (b) (2) and (3) of Pennsylvania Rules of Civil Procedure. The alleged cloud relates to a clause in the deed to plaintiff’s predecessor in title. The court below overruled preliminary objections to defendant’s answer and new matter and dismissed the complaint. This appeal followed.

The City of Pittsburgh, the defendant, acquired title at a tax sale to 819 Fifth Avenue in that city. After the period of redemption had expired the city sold the premises to Solomon Caplan, father…