182 A. 656 | Pa. Super. Ct. | 1935
Argued November 19, 1935.
The decision of the Supreme Court in Penna. Co. v. Bergson,
As to the taxes for 1934 the situation is somewhat different. The plaintiff, on or about March 1934, following default under the mortgage, entered into possession of the mortgaged real estate, collected the rents up to the date of sale, December 3, 1934 — sheriff's deed was delivered on December 21, 1934, — and did not apply the same or any part thereof to the payment of the mortgage debt or interest. In so far as the rents thus collected exceed the reasonable expenses of operation and necessary repairs and insurance, the net balance is applicable to the taxes for 1934. See Provident Trust Co. v. Judicial B. L. Assn.,
The assignments of error are sustained, to the extent indicated in this opinion, and the record is remitted to the court below with directions to enter judgment against the defendant, North Philadelphia Trust Co., for such sum as to right and justice may belong — that is to say, for the taxes paid by plaintiff for the years 1931 and 1933, — unless other legal or equitable cause be shown to the court below why such judgment should not be so entered; with leave to the plaintiff to proceed by trial for the taxes paid for the year 1934.