Frank v. Neill

Citations

• 44 Pa. Super. 468
• 1910 Pa. Super. LEXIS 198

Syllabus

<p>Ground rents — Failure to pay taxes — Suit for taxes — Set-off.</p> <p>1. Where the plaintiff in an action on a ground rent obtains a judgment, and on execution the property is sold for less than the amount of the judgment, but for more than sufficient to pay the arrearages of taxes, and such taxes are paid in cash by the plaintiff to the sheriff before he can secure his deed, the plaintiff is entitled to recover the amount so paid from the real owner of the land against whom he had recovered the judgment in the action on the ground rent.</p> <p>2. In such a case a claim of set-off arising out of an alleged distress for arrears of rent, set up in an affidavit of defense, cannot be considered where there is nothing to show the amount realized by the distress, and it is not averred that it was not within the power of the defendant to make the affidavit certain in this particular.</p>