44 Pa. Super. 468 | Pa. Super. Ct. | 1910
The plaintiff, being the owner of certain ground rents, brought suits and obtained judgments against the original covenantor and the defendant, the real owner of the land, for arrearages and for the principal thereof under a clause of the ground rent deeds, wherein the grantee of the land, covenanted for himself, his heirs and assigns, to pay the principal sum in redemption of the ground rent at the expiration of five years, and in default of said payment that the said sum should be forthwith recoverable with all the arrears of rent, “and be first payable out of the proceeds of the sale of said premises under any judgment for the said principal sum.” By virtue of executions issued on these judgments, the several premises were sold at sheriff's sale and bought by the plaintiff for a sum, in each instance, which was much less than the amount of the judgment relating to the particular property. At the time of the sheriff’s sale the arrears of taxes assessed upon the premises against the defendant, and for which she was personally liable, amounted to $528.95. In consequence of the defendant’s failure to pay the taxes that it was her duty to pay, the plaintiff was compelled, in order to obtain his deeds, to pay this sum to the sheriff, and the sheriff paid the same to the proper authorities, thereby discharging the city’s claim for the taxes. As was the case in Commonwealth National Bank v. Shoemaker, 13 W. N. C. 255; Republic Building & Loan Assn. v. Webb, 12 Pa. Superior Ct. 545; Theobald v. Sylvester, 27 Pa. Superior Ct. 362, the plaintiff did not pay the taxes in addition to the amount of his bid, and in that respect the case is distinguishable from those in which the amount realized at sheriff’s sale was insufficient to pay the taxes, and the purchaser afterwards paid them to protect his property. But as is shown by the cases cited, this dis
The claim of set-off, alleged to arise out of the plaintiff’s distress for arrears of rent levied about August 1, 1908, upon the goods of tenants of the premises, is wholly uncertain as to the amount realized thereby and in other particulars. It is not averred that it was not within the power of the defendant to make the affidavit certain in these matters. For these reasons, if for no other, it was insufficient to prevent judgment.
The judgment is affirmed.