Du Bois v. Sturch

Citations

• 39 Pa. Super. 348
• 1909 Pa. Super. LEXIS 490

Syllabus

<p>Landlord and tenant — Payment of taxes — Set-off—Mortgage—Affidavit of defense.</p> <p>In an action by a purchaser at a sheriff’s sale of leased premises, against a tenant in possession to recover the amount the defendant was obligated to pay under the lease for use and occupation from the date of the acknowledgment and delivery of the sheriff’s deed to the date when the plaintiff conveyed the premises to another, an affidavit of defense is insufficient which avers as a set-off the payment of taxes by the defendant, but does not in express terms aver that they were paid at the special instance and request of the plaintiff and does not set forth such facts as to show that the payment of the taxes inured to the benefit of the plaintiff.</p>