Fleisher v. Blackburn

Citations

• 15 Pa. Super. 289
• 1900 Pa. Super. LEXIS 341

Syllabus

<p>Assumpsit — Liability of owner to mortgagee for taxes paid out of proceeds of sheriff's sale.</p> <p>A mortgagee may maintain assumpsit against the grantee of the mortgagor for the amount of taxes assessed upon the land during the grantee’s ownership and paid out of the proceeds of a sheriif’s sale under a judgment on the bond accompanying the mortgage, when the effect of such distribution of the fund is to reduce the sum which otherwise would be distributable to the mortgagee.</p> <p>Affidavit of defense — Set-off—Appeal—Discretion as to supplemental affidavit.</p> <p>A set-off alleged in an affidavit of defense must not only be stated with exactness as to source, character and amount, but must also be alleged to have been in existence and owned by the defendant at the institution of the action. Where the affidavit does not come up to these requirements and the court enters judgment, the appellate court will not reverse. It is discretionary with the court below to permit a supplemental affidavit to be filed.</p>