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TRUSTEES OF GEN. ASSEMBLY OF PRESBYTERIAN CHURCH I

DISTRICT COURT, E.D. PENNSYLVANIA


March 15, 1938

TRUSTEES OF GENERAL ASSEMBLY OF PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA
v.
WARD

The opinion of the court was delivered by: MARIS

MARIS, District Judge.

In this case the facts averred in the plaintiff's statement of claim which are admitted by the affidavit of defense, briefly stated, are as follows:

On December 29, 1924, Herman B. Sheplan and wife executed and delivered to the plaintiff a bond and mortgage for $10,000 secured on 710 West Roosevelt boulevard, Philadelphia. On May 12, 1927, the Northwestern National Bank & Trust Company of Philadelphia, hereinafter called the bank, took title to the mortgaged property.

 The bank remained the owner of the mortgaged property until July 8, 1935. On that date the sheriff of Philadelphia county conveyed title to the property to the plaintiff which had purchased it at sheriff's sale on July 1, 1935, for $75. The sheriff's sale was held pursuant to foreclosure proceedings on the mortgage which the plaintiff had instituted in the court of common pleas No. 4 of Philadelphia county. The plaintiff received no part of the purchase price of $75, which the mortgaged property realized at the sheriff's sale, nor was any part of that sum applied to the payment of the taxes hereinafter mentioned, but was absorbed as costs of the sale.

 It was stipulated that on March 14, 1933, the bank became insolvent and on that date a conservator was appointed for it by the Comptroller of the Currency. The bank remained in the possession of the original conservator and his successors until June 25, 1934, when the Comptroller of the Currency appointed the defendant, W. B. Ward, as its receiver. City, school, and poor taxes were assessed against the mortgaged property for the years 1933, 1934, and 1935. At the time of the sheriff's sale above mentioned these taxes, with interest and penalties, were of the following amounts: 1933 City tax $229.34 School tax 121.98 Poor tax 4.40 $355.72 1934 City tax $208.46 School tax 112.67 Poor tax 4.40 $325.53 1935 City tax $189.98 School tax 102.77 Poor tax 4.80 $297.55 $978.80

19380315

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