Fidelity Insurance Trust & Safe Deposit Co v. Second Phoenix Building & Loan Ass'n

Citations

• 17 Pa. Super. 270
• 1901 Pa. Super. LEXIS 299

Syllabus

<p>Taxation — Payment of taxes by mortgagee — Building and loan associations.</p> <p>Where a mortgagee is compelled by compulsion of law to pay taxes for which the owner is liable, the mortgagee may recover from the owner the amount of the taxes paid.</p> <p>Practice, G. P. — Demurrer—Affidavit of defense.</p> <p>Where a defendant has demurred to a statement in assumpsit and judgment has been entered for the plaintiff on the demurrer, the court does not abuse its discretion in subsequently refusing to open the judgment thus entered, and let the defendant into a defense upon the merits.</p>