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URBAN REDEVELOPMENT CONDEMNATION CASE. (12/05/61)

December 5, 1961

URBAN REDEVELOPMENT CONDEMNATION CASE.


Appeals, Nos. 198 and 207, March T., 1961, from order of Court of Common Pleas of Allegheny County, Jan. T., 1960, No. 770, in the matter of appointment of viewers for certain parcel of land in second ward of City of Pittsburgh. Order affirmed.

COUNSEL

Joseph M. Tague, Assistant City Solicitor, with him David W. Craig, City Solicitor, for City of Pittsburgh. appellant.

Philip Baskin, Special Counsel, with him Maurice Louik, County Solicitor, for County of Allegheny, appellant.

Harry J. Schmitt, with him Benjamin W. Haseltine, Jr., for appellees.

Before Bell, C. J., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.

Author: Musmanno

[ 406 Pa. Page 8]

OPINION BY MR. JUSTICE MUSMANNO

On September 18, 1959, the Urban Redevelopment Authority of Pittsburgh condemned certain property in the Second Ward of the City of Pittsburgh and, as the result of proceedings before the board of viewers, agreed to pay $7500 to the owners of the property. A dispute now arising as to the identity of the owners, the Authority paid the money into the Court of Common Pleas of Allegheny County, where it presently awaits authoritative distribution. The contenders for the amount in escrow are the County of Allegheny, the City of Pittsburgh, and the School District of the City of Pittsburgh on the one hand, and on the other, the heirs of Barbara Hahn, deceased, claiming title under her will.

The facts which churned into the present litigation are briefly as follows. Barbara Hahn died on November 2, 1928, testate, her will designating Hilda B. Wright as executrix of the estate. Acting in that capacity, Hilda Wright foreclosed on a mortgage covering the property here in controversy, with the result that the legal title became vested, by a duly recorded Sheriff's Deed, in "Hilda B. Wright, Surviving Executrix of the Estate of Barbara Hahn, deceased."

On December 18, 1930, the Orphans' Court of Allegheny County removed Hilda Wright as executrix for good cause and named the Fidelity Trust Company of Pittsburgh, administrator d.b.n.c.t.a. of the estate.

Real estate tax delinquencies followed and the City of Pittsburgh, plus the County of Allegheny and the Pittsburgh School District filed various tax liens against the property. For the years 1933 to 1942, inclusive, the City and the School District correctly filed liens in the name of "Hilda B. Wright, Executrix of the Estate of Barbara Hahn, deceased," but for the years 1943 to 1946, inclusive, they incorrectly filed

[ 406 Pa. Page 9]

    their liens in the name of "Hilda B. Wright, owner or reputed owners." All of the tax liens filed by County of Allegheny were incorrectly filed in the name ...


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