Presbyterian Ministers' Fund v. Folz

Citations

• 41 Pa. Super. 303
• 1909 Pa. Super. LEXIS 58

Syllabus

<p>Ground rent — Failure to pay taxes — Action against owner.</p> <p>Where an owner of land charged with a ground rent fails to pay the taxes assessed on the land, and subsequently defaults on the ground rent, and the owner of the ground rent obtains judgment for the arrears, and at a sheriff’s sale under the judgment buys the land, and in order to save the property pays the arrears of taxes, he may in an action of assumpsit against the former owner recover the amount of the taxes which the former owner should have paid. In such a case it is immaterial that the nominal purchaser at the sheriff’s sale was not the owner of the ground rent, if it appears that the purchaser bought the land for the benefit of the owner. The suit may be brought in the name of the owner of the ground rent.</p>